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 prosec

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.

EFFECT OF DEATH OF THE ACCUSED

What is the effect of death of the accused on the civil actions?

It depends:
(1) 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.
(2) If the accused dies after arraignment and during pendency of the criminal action, civil liability
arising from the delict shall be extinguished. HOWEVER, an independent civil action
instituted under Rule 111, Sec. 3 or from other sources of obligation may be continued
against (a) the estate or (b) legal representative of the accused after proper substitution, as
the case may be. (Rule 111, Sec. 4)