Does a Criminal Case End If the Accused Dies?
Quick answer
Yes, as to the criminal side. When the accused dies before a final judgment, his criminal liability ends under Article 89 of the Revised Penal Code, and so does the civil liability based only on the crime. In People v. Bayotas (1994), the Supreme Court held that a claim for damages survives only if it can rest on another source, such as a contract or a quasi-delict, and then only through a separate civil case against the estate. If the accused dies before arraignment, the case is dismissed without prejudice to a civil action against the estate.
What does Article 89 say?
Article 89 lists the ways criminal liability is totally extinguished. The first one is death:
- 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.
"Personal penalties" are those served by the person, such as imprisonment. "Pecuniary penalties" are money penalties, such as fines. So the timing matters: death before final judgment ends both; death after final judgment ends the personal penalties, but the article does not extinguish the pecuniary ones.
What did the Supreme Court decide in People v. Bayotas?
The accused was convicted by a trial court and appealed. He died while the appeal was pending. The Supreme Court dismissed the criminal side of the appeal and then had to decide whether his civil liability also ended. The Court en banc summed up its rulings:
- Death pending appeal ends criminal liability and the civil liability based solely on the offense, called civil liability ex delicto.
- A civil claim survives if it may also be based on another source of obligation. The Court pointed to Article 1157 of the Civil Code: law, contracts, quasi-contracts and quasi-delicts.
- A surviving claim must be pursued in a separate civil action, against the executor or administrator or the estate of the accused, depending on the source of the obligation.
- The claim is protected from prescription if the offended party filed the civil action together with the criminal action. The time to file is deemed interrupted while the criminal case was pending, under Article 1155 of the Civil Code.
The appeal was dismissed, with costs de oficio.
What does the current rule of court say?
Rule 111, Section 4 of the Revised Rules of Criminal Procedure now states the procedure. Death of the accused after arraignment and while the criminal action is pending "shall extinguish the civil liability arising from the delict." However, an independent civil action, or one brought to enforce liability from other sources of obligation, "may be continued against the estate or legal representative of the accused after proper substitution or against said estate, as the case may be." If the accused dies before arraignment, "the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased."
What happens to the civil liability?
The general rule in Article 100 is that every person criminally liable for a felony is also civilly liable. Death changes this:
| When the accused dies | Criminal liability | Civil liability from the crime | Civil liability from other sources |
|---|---|---|---|
| Before arraignment | Ends; case dismissed | A civil action may be filed against the estate (Rule 111, Section 4) | May be pursued against the estate |
| After arraignment, before final judgment | Ends | Ends (Bayotas; Rule 111, Section 4) | Survives; separate or continued civil action against the estate |
| After final judgment | Personal penalties end | Article 89 does not extinguish pecuniary penalties | Article 89 does not deal with it |
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Dodong is convicted of theft and appeals. He dies before the appeal is decided. Under Bayotas, his criminal liability and the civil liability based only on the theft end. If the owner of the stolen goods also has a claim based on another source, for example a contract with Dodong, it may go on in a separate civil case against his estate.
Mario is charged with reckless imprudence after a road crash and dies after arraignment. The civil liability arising from the crime ends. A claim based on quasi-delict, one of the sources named in Bayotas, may continue against his estate under Rule 111, Section 4.
Lourdes is sentenced by final judgment to imprisonment and a fine, then dies. Under Article 89, the prison term ends with her death. The article says liability for pecuniary penalties is extinguished only when death occurs before final judgment.
Where can you read more?
The glossary entry on probate explains the court process for wills of a person who died. For damages in cases of death caused by a crime, see damages for death in a criminal case. The other causes that end criminal liability, such as prescription of crimes, are explained on their own pages.
When do you need a lawyer?
Talk to a lawyer if the accused in your case has died, if you are an heir and a claim is being made against the estate, or if you need to know whether a civil claim can still be filed and where. Whether a claim rests on the crime alone or on another source decides what survives. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
What happens to a criminal case if the accused dies?
His criminal liability is extinguished. Article 89 of the Revised Penal Code lists the death of the convict as a cause, and in People v. Bayotas (1994) the Supreme Court held that death pending appeal extinguishes criminal liability and the civil liability based solely on the crime.
Can the victim still get damages if the accused dies?
Only if the claim can rest on another source of obligation, such as law, contract, quasi-contract or quasi-delict. Bayotas held that such a claim survives and must be pursued in a separate civil action against the estate or its executor or administrator.
What if the accused dies before arraignment?
Rule 111, Section 4 of the Revised Rules of Criminal Procedure says the case shall be dismissed, without prejudice to any civil action the offended party may file against the estate of the deceased.
What if the accused dies after arraignment?
Under Rule 111, Section 4, death after arraignment and while the criminal action is pending extinguishes the civil liability arising from the crime. An independent civil action, or one based on other sources of obligation, may continue against the estate or legal representative after proper substitution.
What if the convict dies after the judgment became final?
Article 89 says the death of the convict extinguishes the personal penalties, such as imprisonment. As to pecuniary penalties, liability is extinguished only when the death occurs before final judgment.
Does the victim lose the civil claim by waiting for the criminal case?
Bayotas said that if the civil action was filed together with the criminal action, the period to file the civil claim is deemed interrupted while the criminal case is pending, under Article 1155 of the Civil Code.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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