HOW IS CRIMINAL LIABILITY EXTINGUISHED?
> Under Article 89 of the RPC, criminal liability is extinguished by
1. The death of the convict
2. Service of sentence
4. Absolute pardon
5. Prescription of the crime
6. Prescription of the penalty
7. Marriage by the offended woman as provided in Article 344 of the RPC
X AND Y WERE CHARGED WITH ADULTERY. WHILE THE CASE IS BEING TRIED, X DIED. WHAT HAPPENS TO THE CRIMINAL LIABILITY OF Y?
> The criminal liability of X is extinguished.
> The criminal liability of Y subsists
> The death of one of several accused will not be a cause for dismissal of the criminal action as against the other accused
WHAT IS THE EFFECT OF THE DEATH OF THE OFFENDED PARTY ON THE CRIMINAL LIABILITY OF THE ACCUSED?
> Where the offense charged in a criminal complaint or information is one against the state, involving peace and order, the death of the offended party before final conviction of the defendant will not abate the prosecution.
> Neither does the death of the offended party in private crimes abate the prosecution.
WHAT ARE THE MEANS BY WHICH CRIMINAL LIABILITY IS PARTIALLY EXTINGUISHED?
> Criminal liability is partially extinguished by any of the following
o Conditional pardon
o Commutation of sentence
o For good conduct, allowances which the culprit may earn while he is serving his sentence