CRIMINAL LAW > II. REVISED PENAL CODE – BOOK ONE > H. Civil Liability Ex-Delicto > 6. Extinction and Survival of Civil Liability Ex-Delicto

I. Civil Liability Ex-Delicto

Civil liability ex-delicto arises from the commission of a felony (Article 100, Revised Penal Code). The liability is predicated on the wrongful act or omission that causes damage to another. It is independent but closely linked to criminal liability.

Civil liability ex-delicto includes:

Restitution – Restoring the thing taken to its lawful owner.
Reparation of Damage – Paying for the loss suffered by the offended party.
Indemnification for Consequential Damages – Covering additional damages caused by the criminal act.

II. Extinction of Civil Liability Ex-Delicto

Civil liability ex-delicto may be extinguished under specific circumstances. These align closely with the principles governing the extinction of criminal liability under Article 89 of the Revised Penal Code, but with distinct considerations.

A. Extinction Through Death of the Accused

Before Final Judgment
- General Rule: Both criminal and civil liabilities are extinguished (Article 89, Revised Penal Code).
- Exception: Independent civil liabilities under Articles 31, 32, 33, and 34 of the Civil Code survive, as they are based on sources of obligation other than delict.
After Final Judgment
- Civil liability survives even if the accused dies after final judgment. This liability is enforceable against the estate of the deceased.

B. Acquittal

Grounds for Acquittal
- Acquittal Due to Non-Existence of the Act or Fact – Extinguishes civil liability ex-delicto.
- Acquittal Based on Lack of Proof Beyond Reasonable Doubt – Civil liability may survive if preponderance of evidence supports it.
Implications on Civil Actions
- Civil liability arising from the same act may continue if it is based on quasi-delict or other provisions of law (Articles 32, 33, 34, and 2176, Civil Code).

C. Amnesty

Amnesty extinguishes all criminal liabilities and their corresponding civil liabilities ex-delicto. Independent civil liabilities, however, are not affected.

D. Prescription of Action

The civil liability ex-delicto prescribes in the same manner as the crime itself.
If independent civil liability exists, it follows the prescriptive period under the Civil Code.

E. Pardon or Extinguishment of Criminal Liability

Pardon by the Offended Party – Does not extinguish civil liability unless expressly stated (Article 23, Civil Code).
Amnesty or Absolute Pardon by the State – Generally extinguishes civil liability ex-delicto.
Compromise Agreement – Civil liability may be extinguished through a valid compromise agreement.

III. Survival of Civil Liability Ex-Delicto

The survival of civil liability ex-delicto hinges on whether the civil liability is tied directly to the criminal liability or if it is independent.

A. Civil Liability Independent of Criminal Liability

Civil liability survives extinction of criminal liability if it is grounded on:

Quasi-Delict (Article 2176, Civil Code): Where a negligent act causes injury, independent of criminal intent.
Human Rights Violations (Article 32, Civil Code): When fundamental rights are violated, regardless of criminal prosecution.
Fraudulent Acts (Article 33, Civil Code): Such as defamation, fraud, and physical injuries.
Independent Civil Actions: Governed under specific laws or provisions (e.g., Civil Code).

B. Enforcement Against the Estate

If the accused dies after final judgment, the civil liability is enforceable against the estate of the deceased. However, restitution cannot be enforced if it involves personal acts or physical return of property already destroyed.

C. Other Instances of Survival

Compromise or Settlement – Does not affect the independent nature of civil actions.
Acts of Heirs or Representatives – Civil liability may persist against those who benefit from the wrongful act.
Public Policy Considerations – Courts may allow survival in cases affecting public interest.

IV. Procedural Aspects

A. Rules on Filing

Civil liability ex-delicto is impliedly instituted with the criminal case unless expressly waived or reserved (Section 1, Rule 111, Rules of Court).
Independent civil actions must be filed separately, adhering to specific rules of procedure.

B. Suspension of Civil Actions

The pendency of a criminal case may suspend the resolution of a civil action based on the same act, except in cases of independent civil liabilities.

C. Burden of Proof

For civil liability ex-delicto: Preponderance of evidence suffices after a criminal conviction.
For independent civil actions: Preponderance of evidence is required regardless of the outcome of the criminal case.

V. Key Jurisprudence

People v. Bayotas (236 SCRA 239): Civil liability arising from delict is extinguished by the death of the accused prior to final judgment, but independent civil actions survive.
Republic v. Sandiganbayan (G.R. No. 152154, 2007): Civil liability against the estate survives, ensuring victims are not deprived of remedies.
Filipinas Broadcasting Network v. Ago Medical Center (G.R. No. 141994, 2005): Independent actions under Articles 32, 33, and 34 of the Civil Code are not barred by acquittal in criminal cases.

VI. Summary

Civil liability ex-delicto is extinguished or survives depending on the circumstances surrounding the criminal liability. While tied to criminal acts, certain forms of civil liability persist independently due to broader legal obligations. Understanding the distinctions between extinction and survival ensures proper enforcement of justice and protection of the rights of victims.