Extinguishment of Criminal Liability

1. Donald was convicted of serious physical injuries inflicted on his househelp Paula. He
appealed but died during the pendency of his appeal.

a) What is the effect of the death of Donald on his criminal liability? Explain.

Answer:
Donald’s criminal liability is extinguished by his death.

b) What is the effect of his death on his civil liability based solely on his criminal act? Explain.

Answer:
The death of Donald pending appeal extinguishes not only his criminal liability but also the civil
liability based solely thereon.

c) What is the effect of his death on his civil liability based on a quasi-delict or tort? Explain.

Answer:
His death does not affect his civil liability based on quasi-delict or tort.

d) What is the effect of his death if in the criminal case Paula did not make the necessary reservation to file
a separate civil action for damages? Explain.

Answer:

If Paula did not make the necessary reservation to file a separate civil action for damages, she
could still file a separate civil action against the executor / administrator or heirs of the estate of the
accused.

Alternative Answer
Despite the dismissal of the criminal action, the appeal shall continue with respect to the civil
liability for damages of the accused who will be substituted by his executor / administrator or heirs. Since
despite the acquittal of an accused he can be made civilly liable under Section 2 of Rule 120, a similar rule
should be applied in case of death of an accused.

e) What is the effect of his death if Paula reserved her right to file a separate civil action but had not yet done so
when Donald died? Explain. (1995, #9)

Answer:
The death of Donald will not affect Paula’s right to file a separate civil action against the
executor/administrator or heirs of Donald.