Learning Modules in Criminal Law (Book 1 )

MODULE 8

EXTINCTION OF CRIMINAL LIABILITY

 Discuss the extinction of criminal

liability..

Art. 89. How criminal liability is totally extinguished.

1. By the death of the convict , as to the personal penalties; and as to pecuniary

penalties, liability therefor is extinguished only when the death of the offender
occur before final judgment;
2. By the service of the sentences;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty
7. By the marriage of the offended woman, as provided in Article 344 of this
Code.

1. By the death of the convict

The death of the convict, whether before or after final judgment, extinguishes
criminal liability, because on e of the juridical conditions of penalty is that it is
personal.

FINAL JUDGMENT - emplyed in the Revised Pewnal Code means judgment

beyond recall

GENERAL RULE – Death of the accused pending appeal of his conviction

extinguishes his criminal liability as well as the civil liability based solely on the
offense committed.

EXCEPTION – The claim for civil liability survives notwithstanding the death of
accused, if the same may also be predicted on a source of obligation other than
delict, such as law, contracts, quasi-contracts and quasi-delicts.

2. BY THE SERVICE OF SENTENCE.

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Crime is a debt incurred by the offender as a consequencess of wrongful act

and the penalty is but the amount of his debt.

3. BY AMNESTY

AMNESTY

 Official act of the Presisdent with the concurrence of the Congress.

 It is an act of the sovereign power granting oblivion or a general
pardon for a past offense, and is rarely, if ever exercised in favor
of a single individual, and is usually exerted in behalf of certain
classes of persons, who are subject to the trial but have not yet
been convicted.

4. By absolute pardon

 After conviction; private act of the Press

 It is an act of grace proceeding from the power entrusted with the
execution of the laws which exempts the individual on whom it is
bestowed from the punishment of the law inflicts for the crime he has
committed.

Prescription of the crime is the forfeiture or loss of the right of the State to prosecute the
offender after the lapse of a certain time.

Prescription of the penalty is the loss or forfeiture of the right of the Government to
execute the final sentence after the lapse of a certain time.

Article 90. Prescription of crimes. – Crimes punishable by death, reclusion

perpetua or reclusion temporal shall prescribed in twenty yeras.

Article 91. Computation of prescription of offenses. – The period of prescription

shall commence to run from the day on which the crime is dicovered by the offended party,
the authorities , or their agents, and shall be interrupted by the filing of the complaint or
information, and shall commence to run again when such proceeding terminate without the
accused being convicted or acquitted, or are unjustifiably stopped for any reason not
imputable to him.

Article 92. When and how penalties precribe. – The penalties simposed by final
sentence prescribe as follows:

1) Death and reclusion perpetua, in twenty years;

2) Other afflictive penalties, fifteen years;
3) Correctional penalties, in ten years, with the exception of the penalty of
arresto mayor, which prescribes in five years;
4) Light penalties, in one years

Article 93.Computation of the prescription of penalties. – The period of

prescription of penalties shall commence to run from the date when the culprit should evade
the service of his sentence, and it shall be interrupted if the defendant should give himself
up, be captured, should go to some foreign country with which this Government has no

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extradition treaty, or should commit another crime before the expiration of the period of
prescription.

Article 94. Partial extinction of criminal liability. – Criminal Liability is extinguished

partially:

1) By conditional pardon
2) By commutation of the sentence; and
3) For good conduct allowances which the culprit may earn while he is serving
his sentence

PAROLE – consists in the suspension of the sentence of a convict after serving the
minimum term of the indeterminate penalty, with out granting a pardon, prescribing the terms
upon which the sentence shall be suspended.

Article 95. Obligation incurred by a person granted conditional pardon. – Any person
who has been granted conditional pardon shall incur the obligation of complying strictly with
the conditions imposed therein, otherwise, his noncompliance with any of the conditions
specified shall result in the revocation of the pardon and the provisions of Article 159 shall be
applied to him.

Article 96. Effect of commutation of sentence. – The communication of the

original sentence for another of a different lenght and nature shall have the legal effect of
substituting the latter in the place of the former.

Article 97. – Alowance for good conduct. – The good conduct of any prisoner in
any pemnal institution shall entitle him to the following deductions from the period of his
sentence.

Article 98. Special time allowance for layalty. – A deduction of one fifth of the
period of his sentence shall be granted to any prisoner who, having evaded the service of his
sentence under the circumstances mentioned in Article 158 of this Code gives himself up to
the authorities within 48 hours following ther issuance of a proclamation announcing the
passing away of the calamity or catastrophe referred to in said article.

Article 99.- Who grants time allowance. – Who grants time allowance. – Whenever
lawfully justified, the Director of Prisons shall grant allowance for good conduct. Such
allowance once granted shall b=not be revoked.

LESSON 1

PERSONS CIVILLY LIABLE FOR FELONIES

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As a general rule, an offense causes two classes of injuries:

1) Social injury
2) Personal injury

Art. 100. Civil liability of a person gulity of felony. – Every person criminally liable for
a felony is also civilly liable.

BASIS OF CIVIL LIABILITY

Underlying the legal principle that a person who is criminally laible is also
civilly liable is the view that from the standpoint of its effects, a crime has dual
character: (1) as an offense against the state because of the disturbance of the social
order; (2) as an involves the crime of treason, rebellion, espionage, contempt and
others wherein no civil liabilioty arises on the part of the offender either because
there are no damages to be compensated or there is no private person injured by the
crime.

Moral damages may be recovered in a criminal offense resulting in physical injuries,

in the crimes of seduction, abduction, rape or other lascivious acts, adultery or
concubinage , illegal or arbitrary detention or arrest, iilegal search, libel, slander or
any other form of defamation, and in malicious prosecution.

Excemplary damages as part of the civil liability may be imposed when the crime
was committed with one or more aggravating circumstances.

Civil liabilitymay exist, although the accused is not held criminally liable, in the
following cases:

1. Acquittal on reasonable doubt.

2. Acquittal from a cause of nonimputability
3. Acquittal in the criminal action for negligence
4. When there is only civil responsibility
5. In cases of independent civil actions

PROSECUTION OF CIVIL ACTION ARISING FROM CRIME

INSTITUTION OF CRIMINAL AND CIVIL ACTIONS. When a criminal actionis

instituted, the civil action for the recovery of civil liability arising from the offense charged
shall be deemed instituted with the criminal action unless the offended party waives the civil
action reserves the right to intitute it separately, or instutes the civil action prior to the
criminal action.

When civil action may proceed independently. – In the cases provided for an
Articles 32,33,34, and 2176 of the Civil Code of the Philippines, the independent civil action
may be brought by the offended party.

Judgment in civil action not a bar. – A final judgment rendred in a civil action
absolving the defendant from civil liability is not bar to a criminal action against the defendant
for the same act or omission subject of the civil action.

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Suspension by reason of prejudicial quaestion. – A petition for suspension of the

criminal action based upon the pendency of a prejudicial question in a civil action may be
filed in the office of the prosecutor or the court conducting the preliminary investigation.

WRIT OF ATTACHMENT ISSUED FOR CRIMINAL CASES

 Availability of provisional remedies

 From the judgment of conviction in criminal case, two appeals may be taken
 Remedy of offended party where fiscal asks for dismissal
 Right to appeal as to civil liability
 Offended party has right to be heard during the appeal
 Civil liability may be added within the 15 day period, even if the convict has
started serving sentence.

PREJUDICIAL QUESTION – is one which arises in a case, the resolution of which is a

logical antecedent of the issue involved in said case, and the cgnizance of which pertains to
another tribunal.

Elements of Prejudicial Question

1. The civil action involves an issue similar or intimately related to the issue raised in
the criminal action
2. The resolution of such issue determines whether or not a criminal action may
proceed.

Art. 101. Rules regarding civil liability in certain cases. – acquittal due to nonimputability.

CIVIL LAIBILITY OR PERSONS EXEMPT FROM CRIMINAL LIABILITY

1. There is no civil liability in paragraph 4 of Article 12 which provides for injury caused
by mere accident.

2. There is no civil liability in paragraph 7 of Article 12 which provides for failure to

perform an act required by law when prevented by some lawful or insuperable cause.

Art. 102. Subsidiary civil liability of inkeepers, tavernkeepers, and proprietors

of estqblishments. - In defaulkt of the persons criminally liable,innkeepers,
tavernkeepers, and any other persons or corporation shall be civilly liable for crimes
committed in their establishments, in all case where a violation of municipal ordinances
or some general or special police regulations shall have been committed by them or their
employees.

Art. 103. Subsidiary civil liability of other persons. – The subsidiary liability
estblished in the next preceding articleshall also apply to employers, teachers, persons, and
corporations engaged in any kind of industry for felonies commtted by thier servants, pupils,
workmen, apprentices, or employees in the discharge of their duties.

THE PROVOSIONS OF CILVIL CODE

1. The owners and managers of an establishment or enterprise are likewise responsible

for damages caused by their employees in the service of the branches in which the
latter are employed or an occasion of their functions.

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2. Employers shall be liable for the damages caused by their employees and household
helpers acting within the scope of their assigned tasks, even though the former are
not engaged in any business or industry.
3. The State is responsible in like a manner when it acts through a special agent; but
when the damage has been caused by the official to whom the task done properly
pertains, in which case what is provided in Article 2176 shall be applicable.
4. Lastly, teachers or heads establishments of arts and trades shall be liable for
damages caused by their pupils and students or apprentices, so long as they remain
in their custody.
5. In motor vehicle mishaps, the owners solidarily liable with his driver, if the former,
who was in the vehicle, could have, by the use of due diligence, prevented the
misfortune. It is disputably presumed that a driver was negligent, if he had been
found guilty of reckless driving or violating traffic regulations at least twice within the
next preceding two months.

Art. 104. What is included in civil liability. – The civil liability established in Articles
100,101,102 and 103 odf theis Code includes:

1. Restitution
2. Reparation of damage caused
3. Indemnification for consequential damages

CIVIL LIABILITY IN CRIMINAL CASES

The first remedy granted by law is restitution of the thing taken away by the
offender; if restitution cannot be made by the offender or by his heirs, the law allows the
offended party reparation. In iether case, indemnity for consequential damages may be
required.

CIVIL LIABILITIES DISTINGUISHED FROM PECUNIARY LIABILITIES

1. Both include (a) the reparation of the damage caused, and (b) indemnification for
consequential damages
2. While civil liabilities include restitution, pecuniary liabilities do not include restitution
because the latter refer to liabilities to be paid out of the property of the offender. In
restitution, there is nothing to pay in terms of money, as the property unlawfully taken
is returned.
3. Pecuniary liabilities include (a) fine, and (b) the costs of the proceedings. Civil
liabilities do not include them.

Art. 105. Restitution – How made. – The restitution of the thing itself must be
made whenever possible, with allowance for any deterioration or diminution of value as
determined by the court. The thing itself shall be restored, even though it be found in the
possession of the third person who has acquired it by means, saving to the latter his action
against the proper person who may be liable to him.

Art. 106. Reparation – How made.- The court shall determine the amount damage,
taking into cinsideration the price of the thing, whenever possible, and its special sentimental
value to the injured party, and reparation shall be made accordingly.

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Art. 107. Indemnification- What is included. – Indmnification of consequential

damages shall include not only those caused the injured party, but also those suffered by his
family or by a third person by reason of the crime.

Indemnity refers generally to crimes against persons; reparation to crimes against

property.

DAMAGES RECOVERABLE IN CASE OF DEATH

1. In recent cases, the Supreme Court has raised it to P50,000.00

2. For the loss of the earning capacity of the deceased.
3. Support in favor of a person to whom the deceased was obliged to give, such person
not being an heir of the deceased.
4. Moral damages for mental anguish in favor of spouse, descendants and ascendants
of the deceased.
5. Exemplary damages in certain cases.

MORAL DAMAGES

Moral damages may be recovered in the following and analogous cases:

1. A criminal offense resulting in physical injuries

2. xxx
3. Seduction, abduction, rape, or other lascivious acts.
4. Adultery or concubinage;
5. Illegal or arbitrary detention or arrest;
6. Illegal search
7. Libel, slander or any other form of defamation
8. Malicious prosecution
9. Xxx
10. xxx

EXEMPLARY DAMAGES

In crriminal offenses, exemplary dmages as part of the civil liability may be imposed
when the crime was committed with one or more aggravating circumstances. Such damages
are separate and distinct from fines and shall be paid to the offended party.

Art. 108. Obligation to make restoration, reparation for damages, or indemnification

for consequential damages and action to demand the same – Upon whom it devolves. – The
obligation to make restoration or reparation for damages and indemnification for
consequential damages devolves upon the heirs of the person liable.

Art. 109. Share of each person civilly liable. – If there are two or more persons
civilly liable for a felony, the courts shall determine the amount for which easch respond.

Art. 110. Several and subsidiary liability of principles, accomplices and

accessories of felony. – Preference in payment. – Notwithstanding the provisions of the
next preceding article, the principals, accomlices, and accessories, each within their
respective class, shall be liable severally (in solidum) among themselves for their quotas,
and subsidiary for those of the other pewrsons liable.

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Art. 111. Obligation to make restitution in a certain case. – Any person wo has
participated gratuitously in the proceeds of a felony shall be bound to make restitution in an
amount equivalent to the extent of such participation.

LESSON 2

Extinction of Criminal Liability and Civil Liability Resulting from Crime

Art. 112. Extinction of civil liability. – Civil liability established in Articles

100.101,102 and 103 of this Code shall be estinguished in the same manner as other
obligations, in accordance with the provisions of the Civil Law.

CIVIL LIABILITY IS , THEREFORE, EXTINGUISHED:

1. By payment or performance
2. By the loss of the thing due
3. By the condonation or remission of the dbt
4. By the confusion or merger of the rights of creditor and debtor
5. By compensation
6. By novation

Art. 113. Obligation to satisfy civil liability. - Except in case of extinction of his civil
liability as provided in the next preceding article, the offender shall continue to be obliged
to satisfy the civil liability resulting from the crime committed by him, notwithstanding the
fact that he has served his sentence consisting of deprivationof liberty or other rights, or
has not been required to serve the same by reason of amnesty, pardon, commutation of
sentence or any other reason.

PROBATION- disposition under which a defendant, after conviction and sentence, is

released subject to conditions imposed by the Court and to the supervision of a
probation officer.

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Self-Learning Activity Module 8

BSCRIM 2B
2:3O PM – 4:00 PM

NAME: ________________________________

ACTIVITY No. 3

INSTRUCTION: Read the questions carefully and answer them briefly. A mere Yes or No
answers will not be given any points. Use the attaché answer sheet for your answer.

Anna and Marvin were engaged for 5 years, since Marvin was deeply in-love with
Anna, he gave a BMW car as gift to her, unfortunately, things suddenly changed when Anna
fell-out of love from Marvin. Marvin got mad and when he saw the BMW, he shot to death
the driver of the car, knowing later on that it was Anna's father was killed. A case was filed
and Marvin asked forgiveness from Anna's family. If Marvin will be forgiven, will his criminal
liability be extinguished? Why?

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Self-Learning Activity Module 8

BSCRIM 2C
2:3O PM – 4:00 PM

NAME: ________________________________

ACTIVITY No. 3

INSTRUCTION: Read the questions carefully and answer them briefly. A mere Yes or No
answers will not be given any points. Use the attaché answer sheet for your answer.

Eunice borrowed money from Brandon for half-million pesos to paid within two (2)
years. Eunice failed to pay the said amount, instead of filing a criminal charge, Brandon
offered to Eunice to marry her and the monetary debt was considered paid. Will the liability
of Eunice extinguished? Why?

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Self-Learning Activity Module 8

BSCRIM 2D
1:0O PM – 4:00 PM

NAME: ________________________________

ACTIVITY No. 3

INSTRUCTION: Read the questions carefully and answer them briefly. A mere Yes or No
answers will not be given any points. Use the attaché answer sheet for your answer.

Wilmer got into fight with his brother, Franco regarding the execution of a Deed of
Donation wherein their parents allegedly donated a parcel of land to Franco. Since Wilmer
was pissed off with of he discovered, he stabbed to death his brother, Franco. The
Honorable Court found herein Wilmer guilty of charge but after few minutes, he died due to
cardiac arrest. What will be the status of the subject criminal case? Why?

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REFERENCE:

The Revised Penal Code by Luis B. Reyes,Book 1-Sixteenth Edition 2016

The Revised Penal Code

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