Extinction Of Civil Liability
On Criminal Law
Extinction Of Civil Liability
ART. 112
Civil Liability Is Extinguished By:
1. payment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor and debtor
5. compensation
6. novation
Loss of the thing due
- does not extinguish civil liability because if the offender cannot make restitution, he is obliged to make reparation.
Unless extinguished, civil liability subsists
- even if the offender has served sentence consisting of deprivation of liberty or other rights or has served the same, due to amnesty, pardon, commutation of sentence, or any other reason.
Bar Exam Question (2004)
AX was convicted of reckless imprudence resulting in homicide. The trial court sentenced him to a prison term as well as to pay Php150,000 as civil indemnity and damages. While his appeal was pending, AX met a fatal accident. He left a young widow, 2 children, and a million-peso estate. What is the effect, if any, of his death on his criminal as well as civil liability? Explain briefly.
Suggested Answer:
The death of AX while his appeal from the judgment of the trial court is pending, extinguishes his criminal liability. The civil liability insofar as it arises from the crime and recoverable under the Revised Penal Code is also extinguished; but indemnity and damages may be recovered in a civil action if predicated on a source of obligation under Art.1157, Civil Code, such as law, contracts, quasi-contracts and quasi-delicts, but not on the basis of delicts. (People vs. Bayotas, 236 SCRA 239).
Civil indemnity and damages under the Revised Penal Code are recoverable only if the accused had been convicted with finality before he died.
ART. 112
Civil Liability Is Extinguished By:
1. payment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor and debtor
5. compensation
6. novation
Loss of the thing due
- does not extinguish civil liability because if the offender cannot make restitution, he is obliged to make reparation.
Unless extinguished, civil liability subsists
- even if the offender has served sentence consisting of deprivation of liberty or other rights or has served the same, due to amnesty, pardon, commutation of sentence, or any other reason.
Bar Exam Question (2004)
AX was convicted of reckless imprudence resulting in homicide. The trial court sentenced him to a prison term as well as to pay Php150,000 as civil indemnity and damages. While his appeal was pending, AX met a fatal accident. He left a young widow, 2 children, and a million-peso estate. What is the effect, if any, of his death on his criminal as well as civil liability? Explain briefly.
Suggested Answer:
The death of AX while his appeal from the judgment of the trial court is pending, extinguishes his criminal liability. The civil liability insofar as it arises from the crime and recoverable under the Revised Penal Code is also extinguished; but indemnity and damages may be recovered in a civil action if predicated on a source of obligation under Art.1157, Civil Code, such as law, contracts, quasi-contracts and quasi-delicts, but not on the basis of delicts. (People vs. Bayotas, 236 SCRA 239).
Civil indemnity and damages under the Revised Penal Code are recoverable only if the accused had been convicted with finality before he died.
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