Understanding Criminal Liability and Death of the Accused
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
Legal Implications of the Death of the Accused
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.
Key Points to Consider
- Death of the accused pending appeal of his conviction extinguishes his criminal liability and the civil liability based solely thereon.
- The claim for civil liability survives if it can be predicated on a source of obligation other than delict.
- An action for recovery of civil liability may be pursued through a separate civil action.
- The private offended party need not fear a forfeiture of the right to file a separate civil action by prescription.
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.
