Death extinguishes criminal liability and may as well extinguish civil liability

Dear PAO,

Is the liability of a person for a crime that he committed extinguished once he dies? My friend filed a criminal case for rape and received a favorable decision in court, but the accused filed an appeal. While on appeal, the accused died of cardiac arrest. My friend was informed by his lawyer that the accused can no longer be held liable even for the civil aspect because of the latter’s death. Is that true?

Jovan

Dear Jovan,

Article 89 of the Revised Penal Code of the Philippines enumerates several instances when the criminal liability of the accused is extinguished, and the death of the accused is one of those specified. Aside from the accused’s criminal liability, death extinguishes the civil liability which arose from and based solely on the offense committed by the accused. To be certain, the law provides:

“Art. 89. How criminal liability is totally extinguished. — 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 occurs before final judgment. x x x”

The Supreme Court, through Associate Justice Estela Perlas-Bernabe, explained comprehensively the effect of the death of the accused as to his or her legal responsibility:

“1. Death of the accused pending appeal of his conviction extinguishes his criminal liability[,] as well as the civil liability[,] based solely thereon. As opined by Justice Regalado, in this regard, ‘the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore.’

“2. Corollarily, the claim for civil liability survives notwithstanding the death of accused, if the same may also be predicated on a source of obligation other than delict. Article 1157 of the Civil Code enumerates these other sources of obligation from which the civil liability may arise as a result of the same act or omission:

“a) Law

“b) Contracts

“c) Quasi-contracts

“d) x x x

“e) Quasi-delicts

“3. Where the civil liability survives, as explained in Number 2 above, an action for recovery therefor may be pursued but only by way of filing a separate civil action and subject to Section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended. This separate civil action may be enforced either against the executor/administrator or the estate of the accused, depending on the source of obligation upon which the same is based as explained above.

“4. Finally, the private offended party need not fear a forfeiture of his right to file this separate civil action by prescription, in cases where during the prosecution of the criminal action and prior to its extinction, the private-offended party instituted together therewith the civil action. In such case, the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case, conformably with provisions of Article 1155 of the Civil Code, that should thereby avoid any apprehension on a possible privation of right by prescription.” (People of the Philippines vs. Ariel Layag, GR 214875, Oct. 17, 2016; Emphasis supplied)

Accordingly, the criminal liability of the accused, in the case of your friend, is extinguished by operation of law considering that the former passed away while the case is still on appeal. Insofar as the accused’s civil liability, it is only deemed extinguished if it was anchored directly and solely on the delict or the crime allegedly committed. If civil liability can be anchored on other sources of obligation or if your friend was able to file a separate civil action prior to the death of the accused and within the period and procedure allowed by law, then he may still be able to pursue such claim. It will be best to coordinate with his lawyer and have the matter clarified as the latter, who represented him in such case, is in the best position to evaluate the remedies available to him, if there be any.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]