TITLE 4- EXTINCTION OF CRIMINAL LIABILITY (CHAPTER 1 TOTAL EXTINCTION OF

CRIMINAL LIABILITY; ART 89-93))

Article 89: How criminal liability is totally extinguished.

A. Causes of total extinction (art 89)
1. Death of convict, as to the personal penalties; civil liability too if death occurs before
final judgment
2. By service of the sentence
3. By amnesty, which completely extinguishes the penalty and all its effects
4. Absolute pardon
5. Prescription of crime (art 90)
6. Prescription of penalty (art 92)
7. Marriage of offended woman under art 266-c
8. Express repeal of penal law (act decriminalized)

B. Causes of partial extinction (art 94)

1. Conditional pardon
2. Commutation of sentence
3. Good conduct allowance
4. Parole under ISLAW
5. Probation under PD 968
6. Implied repeal or amendment of penal law lowering the penalty
Article 36: Pardon what are its effects.
Art 36. Pardon; its effects. A pardon shall not work at the restoration of the right to hold
public office, or the right of suffrage, unless such right be expressly restored by the terms of
the pardon. A pardon shall in no case exempt the culprit from the payment of the civil
indemnity imposed upon him by the sentence.
Effect on convict: relieves the offender of penalty but the effects of conviction stay.
Article 23: Effect of pardon by the offended party
1. What are the causes of total extinction of criminal liability. (art 89)
2. What is the effect of the death of the offender on his criminal and civil
liabilities.
-The death of the convict, whether before or after final judgment, extinguishes criminal
liability, because one of the juridical conditions of penalty is that it is personal.
-Extinction of criminal liability does not necessarily mean that the civil liability is also
extinguished. Civil liability is extinguished only when the death occurs before final
judgment and only those based solely on the offense committed.
GR: 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.
XON: The claim for civil liability survives notwithstanding the death of the accused, if
the same may also be predicated on a source of obligation other than delict such as
law, contracts, quasi-contracts and quasi-delicts.
3. What is the final judgment in par.1 of article 89.
The term final judgment used means judgment beyond recall.
- Sec 7, Rule 16 of the Rules of Court likewise states that a judgment in a criminal
case becomes final after: a. the lapse of the period for perfecting an appeal or
b. when the sentence has been partially or totally satisfied or served, or
c. the defendant has expressly waived in writing his right to appeal.
4. What are the effects of pardon by the offended party.
As a general rule, pardon by the offended party doesnt extinguish criminal liability
-Only civil liability is extinguished by express waiver of the offended party
THERE IS NO EXTINCTION OF CRIMINAL LIABILITY SINCE IN CRIMES, THERE
ARE TWO OFFENDED
PARTIES
-However, pardon granted before the institution of the criminal proceedings in
cases of adultery, concubinage, seduction, abduction, and acts of lasciviousness
shall extinguish criminal liability.
-Art 344, par. 4 states that: in cases of seduction, abduction, acts of lasciviousness,
and rape, the marriage of the offender with the offended party shall extinguish the
criminal action or remit the penalty already imposed upon him. The provisions of this
paragraph shall also be applicable to the co-principals, accomplices, and accessories
after the fact of the above-mentioned crimes.
-Art 266-C Effect of pardon. -the subsequent valid marriage be
tween the offender and the offended party shall extinguish the criminal action or the
penalty imposed. In case it is the legal husband who is the offender, the subsequent
forgiveness by the wife as the offended party shall extinguish the criminal action or the
penalty: provided, that the crime shall not be extinguished or the penalty shall not be
abated if the marriage be void ab initio. (RA 8353, Anti-Rape Law of 1997)
- Remember that in a criminal case, there are two offended parties: the private
individual and the State. The pardon given by the offended party would relate only to
the civil liability and not the criminal aspect.
5. Distinguish pardon by the offended party from pardon by the president.

Pardon by offended party Pardon by the Chief executive

1. Does not extinguish criminal liability 1. Extinguishes criminal liability
except in art 266-C
2. Must be granted before institution of 2. Granted after final conviction
the action because when the case is
finally filed in court, the State is
regarded as the primary offended
party and the private offended party is
relegated to the role of a complaining
witness. Hence the prosecution of the
case becomes the prerogative of the
State.
XPN: Under the Anti rape law, it
appears that the pardon may now be
at any time because the law stated
pending action shall be dismissed.
3. May expressly waive the civil liability 3. Cannot extinguish the civil liability of
the offender

6. What are the limitations on the pardoning power of the Chief executive.
- #7, page 128 Boado
7. When does judgment of conviction become final.
- #8, page 129, Boado
 8. What is the effect of an appeal of judgment of conviction on the power of the
president to extend pardon.
-It is VOID because it constitutes a violation of the Constitution and jurisprudence.

- 4 December 1995 in People vs. Salle, the Supreme Court stated that:

We now declare that the conviction by final judgment limitation under Section 19,
Article VII of the [1987]present Constitution prohibits the grant of pardon,
whether full or conditional, to an accused during the pendency of his appeal from his
conviction by the trial court. Any application therefor, if one is made, should not be
acted upon or the process toward its grant should not be begun unless the appeal is
withdrawn. Accordingly, the agencies or instrumentalities of the Government concerned
must require proof from the accused that he has not appealed from his conviction or
that he has withdrawn his appeal. Such proof may be in the form of a certification
issued by the trial court or the appellate court, as the case may be. The acceptance of
the pardon shall not operate as an abandonment or waiver of the appeal, and the
release of an accused by virtue of a pardon, commutation of sentence, or parole before
the withdrawal of an appeal shall render those responsible therefor administratively
liable. Accordingly, those in custody of the accused must not solely rely on the pardon
as a basis for the release of the accused from confinement.
xxxx
This rule shall fully bind pardons extended after 31 January 1995 during the pendency
of the grantees appeal.
9. What is amnesty.
- is an act of sovereign power granting oblivion or a general pardon for a past offense,
and is rarely, if ever, exercised in favour of a single individual, and is usually exerted
in behalf of certain classes of person, who are subject to trial but have not yet been
convicted.
- Completely extinguishes the penalty and all its effects
10. Distinguish between amnesty and absolute pardon.
- #6, page 128 Boado

Article 90: Prescription of crimes.

1. What are the laws on prescription of offenses.
-Art 90-93, RPC
-Act No. 3326 ( Law defining how to compute prescription for crimes under SPL),
appropriately entitled An Act to Establish Prescription for Violations of
Special Acts and Municipal Ordinances and to Provide When Prescription
Shall Begin, is the law applicable to offenses under special laws which do not
provide their own prescriptive periods.
(a) after a year for offenses punished only by a fine or by imprisonment for not more
than one month, or both;
(b) after four years for those punished by imprisonment for more than one month, but
less than two years;
(c) after eight years for those punished by imprisonment for two years or more, but less
than six years; and
 (d) after twelve years for any other offense punished by imprisonment for six years or
more, except the crime of treason, which shall prescribe after twenty years. Violations
penalized by municipal ordinances shall prescribe after two months.
-Reyes, page 872

Article 91: Computation of prescription of offenses.

1. What is prescription of crime. refers to the loss of the right of the State to
prosecute offenders after the lapse of the certain time
2 conditions: (a) That there be final judgment; (b) that the period of time prescribed by
law for its enforcement has elapsed.
2. When does the period of prescription start to run.
- in computing the period of prescription, the first day is to be EXCLUDED, and the last
day is to be INCLUDED.
- running of the period starts from discovery by the offended party or the authorities
or their agents. This list is exclusive.
3. What causes the interruption and resumption of the running of the period.
-The running of the period is interrupted by the filing of the complaint or information or
when the offender is out of the country.
-it shall be interrupted by the filing of the complaint or information, and shall
commence to run again when such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for any reason not
imputable(attributable) to him(offender).
4. What is the effect of the delay in the reporting of crimes in its prosecution.
-#14, page 132.
- DELAY IN PROSECUTING THE OFFENSE IS NOT AN INDICATION OF A
FABRICATED CHARGE. - The failure of complainant to disclose her defilement without
loss of time to persons close to her or to report the matter to the authorities does not
perforce warrant the conclusion that she was not sexually molested and that her
charges against the accused are all baseless, untrue and fabricated. Delay in
prosecuting the offense is not an indication of a fabricated charge. Many victims of rape
never complain or file criminal charges against the rapists. They prefer to bear the
ignominy and pain, rather than reveal their shame to the world or risk the offenders
making good their threats to kill or hurt their victims. The failure of herein complainant
to report the incident immediately does not discredit her credibility, her hesitation
being attributable to the death threats made by appellant, not to speak of the natural
reluctance of a woman having to admit in public her. having been raped. It is not
uncommon for young girls to conceal for some time the assault on their virtue because
of the rapists threat on their lives. Not every victim of a crime can be expected to act
reasonably and conformably with the expectation of mankind. One persons
spontaneous or unthinking, or even instinctive, response to a horrid and repulsive
stimulus may be aggression, while anothers may be cold indifference. The law on
prescription of crimes wound be meaningless if we were to yield the proposition that
delay in the prosecution of crimes would be fatal to the State and to the offended
parties. In fixing the different prescriptive periods on the basis of the gravity of the
penalty prescribed therefor, the law takes into account or allows reasonable delays in
the prosecution thereof In a number of cases, we have ruled that a delay of seventeen
days, thirty-five days, or even six months, by a victim of rape in reporting the attack on
her honor does not detract from the veracity of her charge. (People vs Gecomo, 254
SCRA)
 5. Who is the offended party in article 91.
-#15 and 16, page 132 Boado
- Art 91 does not define the term offended party.
6. Can brief trips abroad qualify as absence contemplated in article 91.
-No. Trips abroad do not constitute the absence contemplated in Art 91.
- Finally, the petitioner draws our attention to the private respondent's several trips
abroad as enumerated in the certification of the Bureau of Immigration, and cites the
second paragraph of Article 91 of the RPC, viz.: "[t]he term of prescription shall not run
when the offender is absent from the Philippine Archipelago." We agree with the Court
of Appeals that these trips abroad did not constitute the "absence" contemplated in
Article 91. These trips were brief, and in every case the private respondent returned to
the Philippines. Besides, these were made long after the petitioner discovered the
offense and even if the aggregate number of days of these trips are considered, still the
information was filed well beyond the prescriptive period. (Garcia vs CA, G.R. No.
119063. January 27, 1997)
Article 92: When and how penalties prescribe.
1. What are the prescriptive periods of penaltiesb hby. (art 92)
Article 93: Computation of the prescription of penalties.
1. What is the prescription of penalty
-is the loss or forfeiture of the right of the Government to execute the final sentence
after the lapse of a certain time.
-occurs when the convict escapes from detention or evades the service of his sentence.
Evasion of sentence is condition precedent to the running of the period.
2. How is the running of the period of prescription of penalty which has
commenced tolled.
-Tolling of period of prescription of penalty occurs when he commits another crime, or is
captured or goes to another country with which the Philippines has no extradition
treaty.
-Tolling of period - allows for the pausing or delaying of the running of the period of
time

CHAPTER 2 PARTIAL EXTINCTION OF CRIMINAL LIABILITY (ART 94-99)

Article 94: Partial extinction of criminal liability.

Art 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 the parole granted to a convict by the Parole Board should be added. A
parole may be granted to a prisoner after serving the minimum penalty under the
Indeterminate Sentence Law.
 Parole- consists in the suspension of the sentence of a convict after serving the
minimum return of the indeterminate penalty, without granting a pardon,
prescribing the terms upon which the sentence shall be suspended.

Article 95: Obligation incurred by a person granted conditional pardon.

1. What causes partial extinction of criminal liability. (Art 94)
2. What are the requisites for conditional pardon (Art 95)
-Conditional pardon is the nature of a contract between the Chief Executive and the
convict to the effect that the former will release the latter subject to the condition that
if he does not comply with the terms of the pardon, he will be recommitted to prison to
serve the unexpired portion of the sentence or an additional one. (Alvarez vs DIR. Of
Prison)

Outline of art 95
a. He must comply strictly with the conditions imposed in the pardon.
b. Failure to comply with the conditions shall result in the revocation of the pardon.
Under Sec 64(i), R.A.C., the Chief Executive may order his arrest and reincarceration.
(People vs Aglahi)
c. He becomes liable under Art 159. This is the judicial remedy.
Art 159, RPC: Other cases of evasion of service of sentence the penalty of prision
correccional in its minimum period shall be imposed upon the convict who, having been
granted conditional pardon by the Chief Executive, shall violate any of the condition of
such pardon. However, if the penalty remitted by the granting of such pardon be higher
than six years, the convict shall then suffer the unexpired portion of his original
sentence.
3. May the grant of conditional pardon be subject to the review of the courts.
-the exercise of the presidential judgment is beyond judicial scrutiny.
-#6, page 134, Boado
4. Is petition for writ of habeas corpus the remedy for a person incarcerated
because of violation of the terms of conditional pardon.
-Habeas corpus is not the remedy of the reincarcerated pardonee.
-#7, page 134, Boado
5. What are the effects of conditional pardon as to the civil liability.
- A conditional pardon, when granted, does NOT extinguish the civil liability arising
from the crime. (Monsanto vs Factoran, Jr.)
6. What is the consequence of a violation of the conditions of conditional
pardon.
a. Rearrested and reincarcerated by order of the President under the Revised
Administrative Code, OR
b. Prosecuted under Art 159 of the RPC

Article 96: Effects of commutation of sentence.

Substitution; Replacement of a greater penalty by something lesser.
Article 97: Allowance for good conduct.
1. When is good conduct allowance given.
- No allowance of good conduct while prisoner is released under conditional pardon.
- The reason is that the good conduct allowance is given in consideration of the good
conduct observed by the prisoner while serving his sentence. In this case, the
accused was enjoying liberty under a conditional pardon. He was not serving the
remitted penalty in prison (People vs Martin)
Article 98: Special time allowance for loyalty.
- This is a deduction of 1/5 of the period of the sentence of a prisoner who, having
evaded the service of his sentence during the calamity or catastrophe mentioned in
art 158, gives himself up to the authorities within 48 hours following the issuance of
the proclamation by the President announcing the passing away of the calamity or
catastrophe.
- Deduction is to be made on the original sentence, and not on the unexpired portion
of his sentence.
Article 99: Who grants time allowances.
- The authority is exclusively vested in the Director of Prisons.

TITLE 5 CIVIL LIABILITY

Chapter 1 Persons civilly liable for felonies.
Article 100: Civil liability of a person of felony.
1. What is the basic principle in civil liability ex-delicto (from a transgression of
law or crime).
- Art. 100, RPC Civil liability of a person guilty of felony. Every person criminally
liable for a felony is also civilly liable
- Art 20, New Civil Code Every person who, contrary to law, wilfully or negligently
causes damage to another. Shall indemnify the latter for the same.
- Art 2176, NCC -The civil liability arising from negligence under the Revised Penal
Code is entirely separate and distinct from the responsibility for fault or negligence
called a quasi-delict. But the party claiming payment for the damage done cannot
recover twice for the same act or omission of the defendant. (Art 2177, NCC).
2. When death occurs as a result of a crime, the heirs of the deceased are
entitled to what items of damages.
-#6, page 139, Boado
- When death occurs due to a crime, the following damages may be recovered: (1) a
civil indemnity ex delicto for the death of the victim; (2) actual or compensatory
damages; (3) moral damages; (4) exemplary damages; (5) attorneys fees and expenses
of litigation, and (6) interest, in proper cases. (Espaa vs Republic 2005)
-(Heirs of Reymundo Castro vs Apolonio Busots 1969) Stated differently, when death occurs as
a result of a crime, the heirs of the deceased are entitled to the following items of
damages:
1. As indemnity for the death of the victim of the offense P12,000.00(Now 50, 000),
without the need of any evidence or proof of damages, and even though there may
have been mitigating circumstances attending the commission of the offense.
 2. As indemnity for loss of earning capacity of the deceased an amount to be fixed
by the Court according to the circumstances of the deceased related to his actual
income at the time of death and his probable life expectancy, the said indemnity to be
assessed and awarded by the court as a matter of duty, unless the deceased had no
earning capacity at said time on account of permanent disability not caused by the
accused. If the deceased was obliged to give support, under Art. 291, Civil Code, the
recipient who is not an heir, may demand support from the accused for not more than
five years, the exact duration to be fixed by the court.
3. As moral damages for mental anguish, an amount to be fixed by the court. This
may be recovered even by the illegitimate descendants and ascendants of the
deceased.
4. As exemplary damages, when the crime is attended by one or more aggravating
circumstances, an amount to be fixed in the discretion of the court, the same to be
considered separate from fines.
5. As attorney's fees and expresses of litigation, the actual amount thereof, (but only
when a separate civil action to recover civil liability has been filed or when exemplary
damages are awarded).
6. Interests in the proper cases.
7. It must be emphasized that the indemnities for loss of earning capacity of the
deceased and for moral damages are recoverable separately from and in addition to
the fixed sum of P12,000.00 corresponding to the indemnity for the sole fact of death,
and that these damages may, however, be respectively increased or lessened
according to the mitigating or aggravating circumstances, except items 1 and 4 above,
for obvious reasons.

3. Compare the effect of death on civil liability ex-delicto and civil liability based
on quasi-delict.
-#4, page 128, Boado
-Death of accused will extinguish civil liability ex-delicto but not the civil liability based
quasi-delict. The general rule is that death of the accused extinguishes criminal liability
as well as the civil liability arising from the offense committed. Thus, the claim for civil
liability survives notwithstanding the death of the accused, if the same may be
predicated on a source of obligation other than delict, such as law, contracts, quasi-
contracts, and quasi-delicts.
-(People vs Abungan 2000, citing People vs Bayotas):
"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 (the)
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) Delicts/Crime 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 the
provisions of Article 1155 of the Civil Code, that should thereby avoid any apprehension
on a possible privation of right by prescription."
In the present case, it is clear that, following the above disquisition in Bayotas, the
death of appellant extinguished his criminal liability. Moreover, because he died during
the pendency of the appeal and before the finality of the judgment against him, his civil
liability arising from the crime or delict (civil liability ex delicto) was also
extinguished. It must be added, though, that his civil liability may be based on sources
of obligation other than delict. For this reason, the victims may file a separate civil
action against his estate, as may be warranted by law and procedural rules.
Moreover, we hold that the death of Appellant Abungan would result in the dismissal of
the criminal case against him.[11] Necessarily, the lower court's Decision -- finding him
guilty and sentencing him to suffer reclusion perpetua and to indemnify the heirs of the
deceased -- becomes ineffectual.

4. What is the effect of acquittal of the accused in a criminal action.

-#2, page 136, Boado
-Acquittal of the accused does not automatically extinguish his civil liability for the
quantum of proof in criminal prosecution is different from that in the civil.

Article 101: Rules regarding civil liability in certain cases.

-#5, page 138, Boado
Article 102: Subsidiary civil liability of innkeepers, tavern keepers, and proprietor
of establishment.
-#12, page 144, Boado
Article 103: Subsidiary civil liability of other persons.
1. What is the statutory basis for an employers subsidiary liability.
-Art 103, RPC.
-page 927, Reyes. Under art 103 of the RPC, employers are subsidiarily liable for the
adjudicated civil liabilities of their employees in the event of the latters insolvency.
There can be no automatic subsidiary liability of defendant-employer under this article,
where his employee has not been previously criminally convicted.
2. Who are the persons subsidiarily liability for criminal offenses.
 -#12, Page 144 Boado
3. What are the requirements for subsidiary liability of the persons subsidiary liable.
#14, Page 145, Boado
4. What are the instances when the existence of the employer-employee relationship may
be determined.
-#15, page 145, Boado
- it is the Courts considered view that the existence of employer- employee relationship
could have been easily resolved, or at least prima facie determined by the labor
inspector, during the inspection by looking at the records of petitioner which can be
found in the work premises. (Bombo Radyo vs Velasco 2009)
- The statutory basis for an employer's subsidiary liability is found in Article 103 of the
Revised Penal Code. This liability is enforceable in the same criminal proceeding where
the award is made. (Rules of Court, Rule 111, Sec. 1) However, before execution
against an employer ensues, there must be a determination, in a hearing set for the
purpose of 1) the existence of an employer-employee relationship; 2) that the employer
is engaged in some kind of industry; 3) that the employee is adjudged guilty of the
wrongful act and found to have committed the offense in the discharge of his duties
(not necessarily any offense he commits "while" in the discharge of such duties); and 4)
that said employee is insolvent. (Yonaha vs. CA, 255 SCRA 397, 402 [1996].)
- There are two instances when the existence of an employer-employee relationship of
an accused driver and the alleged vehicle owner may be determined. One during the
criminal proceeding, and the other, during the proceeding for the execution of the
judgment. In both instances, petitioner should be given the opportunity to be heard,
which is the essence of due process. (National Federation of Labor vs. National Labor
Relations Commissions, 283 SCRA 275, 284 [1997].

- People vs Asiapro 2007

In determining the existence of an employer-employee relationship, the following

elements are considered: (1) the selection and engagement of the workers; (2) the
payment of wages by whatever means; (3) the power of dismissal; and (4) the power to
control the workers conduct, with the latter assuming primacy in the overall
consideration.[25] The most important element is the employers control of the
employees conduct, not only as to the result of the work to be done, but also
as to the means and methods to accomplish.[26] The power of control refers to the
existence of the power and not necessarily to the actual exercise thereof. It is not
essential for the employer to actually supervise the performance of duties of the
employee; it is enough that the employer has the right to wield that power. [27] All the
aforesaid elements are present in this case.
- The existence of an employer-employee relationship cannot be negated by
expressly repudiating it in a contract, when the terms and surrounding
circumstances show otherwise. The employment status of a person is defined
and prescribed by law and not by what the parties say it should be.[35]
It is settled that the contracting parties may establish such stipulations, clauses, terms
and conditions as they want, and their agreement would have the force of law between
them. However, the agreed terms and conditions must not be contrary to law,
morals, customs, public policy or public order.
- No particular form of evidence is required to prove the existence of such employer-
employee relationship. Any competent and relevant evidence to prove the relationship
may be admitted. Hence, while no particular form of evidence is required, a finding that
such relationship exists must still rest on some substantial evidence.
Chapter 2 What civil liability includes:
Article 104: What is included in civil liability.
-#4, page 138, Boado
-Art 104. What is included in civil liability the civil liability established in articles 100, 101,
102 and 103 of thius code includes:
1. Restitution
2. Reparation of damage caused
3. Indemnification for consequential damages
Article 105: How is restitution made.
Article 106: How is reparation made.
Article 107: What is included in indemnification
1. How should actual damages for the death of the victim be determined.
-page 946, Reyes
-#6, page 139, Boado
2. What is the measure of damages that the heirs of the deceased may recover.
3. How is life expectancy computed? How is net earning capacity computed?
Indemnity for lost earnings:
*Net earning capacity = Life expectancy x (Gross annual income-Living expenses)
*Life expectancy = Net earning capacity / (Gross annual income living expenses)
*Life expectancy is based on the American Expectancy Table of Mortality and is
computed using the formula:
2/3 x (80- age of the deceased at the time of death)
*In the absence of proof, living expenses is estimated to be 50% of the gross annual
income.

Article 108: Obligation to make restoration, reparation for damages, or

indemnification for consequential damages and action to demand the same upon
whom it devolves.
1. When are moral damages not imposed on the convict for homicide.
2. When is exemplary damages imposed.
3. What is the civil liability of a person convicted of rape when an offspring result from the
rape.
4. When is compulsory acknowledgment of the offspring of rape proper.
Article 109: Share of each person civilly liable.
Article 110: Several and subsidiary liability of principals, accomplice and accessories of a
felony preference in payment.
1. What is the nature of the civil liability of principals in a conspiracy.
Article 111: Obligation to make restitution in a certain case.

Chapter 3 Extinction and survival of civil liability.

Article 112: Extinction of civil liability.

Article 113: Obligation to satisfy civil liability.
1. What should be the effect of a decision in a criminal prosecution on the criminal and
civil liability of the accussed.