1 EXTINGUISHMENT OF CRIMINAL LIABILITY
Criminal Liability May Be Partially Or Totally Extinguished
Extinction of Criminal Liability
Criminal liability may be partially or totally extinguished. Total Extinction
means that the entire penalty is extinguished, and there is no more
criminal liability. Criminal liability is totally extinguished by the death of
the offender, only as to the personal penalties, pecuniary liabilities is
extinguished only when the death of the offender occurs before final
judgment; service of the sentence, which means that they have served
their liability; amnesty, completely extinguishing the penalty and its
effects; absolute pardon given by the President; prescription of the
crime, wherein the State loses the power to prosecute; prescription of
the penalty, wherein the State loses the power to impose penalty; the
marriage to the offended woman, in cases of Rape. [1]
When an offender dies, his criminal liability is extinguished, but his civil
liability subsists, unless, death occurs before final judgement. Final
Judgement in a criminal case becomes final after the lapse of the period
to appeal or when the sentence has been partially or totally served, or
the defendant waived in writing his right to appeal. [2] However, the
death of the offended party does not extinguish the offenders criminal
liability. [3]
Service of sentence means that the offender has been imprisoned or
deprived of liberties for a period prescribed by law. Although, the
offender has served his sentence, this does not extinguish civil liability.
Amnesty is the act of the sovereign power granting oblivion or a general
pardon for a past offense to a group or class of people, and rarely to an
individual. [4] Although amnesty extinguishes criminal liability and all its
effects, it does not extinguish civil liability. [5]
Pardon is an act of grace proceeding from the power entrusted with the
execution of the laws which exempts the individual on whom it is
bestowed from the punishment the law inflicts for the crime he has
committed. [6] It is either absolute or conditional. However, no matter
what kind it is, its applicability is dependent on whether it shall be
accepted. If the offender to whom it is delivered does not accept the
pardon, then it shall not be effective.
Prescription of the crime is the loss of the right of the State to prosecute
after the lapse of a certain period. [7] The period for the prescription will
start from the day the crime is discovered by the offended party or
authorities, and is interrupted if an information or complaint is filed, and
will run again when the proceedings terminate, without acquittal or
conviction or is unjustifiably stopped through no fault of the offender.
[8] Crimes punishable by death, reclusion perpetua, reclusion temporal
prescribe in twenty years, other afflictive penalties in fifteen years. [9]
Crimes punishable by a correctional penalty prescribe in ten years,
except those punishable by arresto mayor, which prescribe in five years.
[10] Libel or other crimes against honor prescribe in one year, except for
oral defamation and slander by deed, which prescribe in six months. [11]
Light offenses prescribe in two months. [12] l
On the other hand, prescription of the penalty is the loss of the right of
the State to execute the final sentence after the lapse of a certain time.
[13] The period of prescription of penalties runs from the date when the
offender evaded the service of his sentence, and is interrupted if the
defendant voluntarily gives up, or is captured, or should go to some
foreign country which the Philippines has no extradition treaty, or
commits another crime before the end of the period to prescribe. [14]
The penalties imposed by final sentence prescribe in the same manner
as the prescription of the offense, with the exception that light felonies
prescribe in one year, and the crimes of libel and slander by deed are not
specifically mentioned. [15]
Criminal liability may also be partially extinguished. It is partial extinction
because there remains liability although it is lessened by conditional

pardon, commutation of sentence, and for good conduct earned by the
offender while serving his sentence. [16] A person who was conditionally
pardoned shall strictly comply with the conditions imposed and the non-
compliance shall result into its revocation. If the sentence is
commutated then such shall replace the original sentence. The Director
of prison shall grant an allowance for good conduct and for loyalty, if it
is granted it cannot be revoked. [17]
Civil Liability
The principle that every person criminally liable is civilly liable is
embodied in our Code [18] in view of the dual effect of crimes as an
offense against the State and the private person injured by the offender.
Although the Code exempts certain acts from incurring criminal liability,
this does not pertain to an exemption from civil liability. For instance,
exemption from criminal liability due to insanity or imbecility, and
minority, acting without discernment, do not escape civil liability
because the provision specifically states that the civil liability shall
devolve upon those having such person under their control, except if
there is no fault ton their part. [19] Also, under Article 11 of the Code,
the persons for whose benefit the harm has been prevented shall be
civilly liable in proportion to the benefit received. [20] Another instance
is under Article 12 of the Code, which provides that those who used
violence against or caused the fear, of another, shall be liable shall also
be liable up to the extent of their contribution. [21]
Innkeepers, tavern keepers, and any other persons or corporations shall
be civilly liable for crimes committed in their establishments, in the
absence of persons primarily liable, in cases where a violation of an
ordinance or regulation, is committed by them or their employees. [22]
The liability to return or to pay the value of the thing stolen by robbery
or theft shall also devolve upon them. [23] Teachers, persons, and
corporations engaged in any kind of industry, may be subsidiarily liable
for offenses committed by their servants, students, workmen,
apprentices, or employees in the exercise of his duties. [24]
2 EXTINGUISHMENT OF CRIMINAL LIABILITY
Civil liability includes the return of the thing itself (restitution) [25] ,
reparation of the damage caused, and indemnification of consequential
damages. The person/s obliged to restore or repair and indemnify for
consequential damages are the heirs of the person liable, such that the
person/s to demand these are with offended partys heirs. [26]
If there is more than one person civilly liable for a felony, the courts will
determine the amount for which each must respond. [27] Actors of the
offense, regardless of their participation as principal, accomplice or
accessory, shall be liable severally. [28] However, the subsidiary liability
shall be enforced in the following order: property of the principal,
accomplice, and the accessory. [29] The person paying the liability shall
have the right to be reimbursed by his co-offenders. [30] Also, a person
who takes part of the proceeds of the crime, gratuitously, has an
obligation to make restitution. [31]
Notwithstanding the death of the offender, or the sentence being
served, or amnesty, or absolute pardon, or prescription of the crime or
penalty, or marriage to the offended party in rape cases, the civil liability
of the offender subsists. [32] Civil liability is extinguished in the same
manner as obligations, [33] by payment or performance, loss of the thing
due, remission, confusion, merger, compensation or novation.
Crimes Against National Security And The Law Of Nations
The crimes against national security comprise of: Treason, Conspiracy to
Commit Treason, Misprision of Treason, Espionage, Inciting to war,
Violation of Neutrality, Correspondence with hostile country, Flight to
enemy country, Piracy and Mutiny, and Qualified Piracy.
Treason is defined as the violation by a subject of his allegiance to his
sovereign or liege lord, or to the supreme authority of the state. [34]
Both Filipino Citizens and aliens may be held liable for treason [35] , the
former, because they owe permanent allegiance to the Philippines, and

the latter, because of their temporary allegiance to the government
owing to their residency here. [36] Allegiance has been defined as the
obligation for fidelity and obedience which the individual owes to his
government or his sovereign in return for the protection which he
receives. [37] There are two ways of committing treason, by levying war
against the government or by adhering to the enemies of the
government, giving them aid and protection. It may be committed only
in times of war.
At least two witnesses must testify to the same overt act, or on
confession of the accused in open court is required for the conviction of
treason. [38] The two-witness rule is required to prove the overt act of
giving aid or comfort only, and not adherence to enemies. [39]
Generally, conspiracy is not punishable, but in certain instances, the law
penalizes it because the very existence of the state is endangered [40]
as it is with treason. The mere conspiracy and proposal is penalized. [41]
Also, any person having knowledge of any conspiracy against the
government, and conceals or does not disclose or make known the
same, as soon as possible shall be punished as an accessory (misprision
of treason) to the crime of treason. [42]
In times of peace and war, espionage is committed by the entering of
any person in a warship, fort or naval or military establishment the
Philippines, espionage is a crime punished by the Code when a person,
enters a warship, fort, or naval or military establishment to obtain any
information, plans, photographs, or other data of a confidential nature
relative to the defense of the Philippines or possesses information by
reason of their public office he holds, of the articles, data, or information
referring to the national security, discloses its content to a foreign
national. [43] Unlike treason, espionage may be committed during times
of peace and war.
3 EXTINGUISHMENT OF CRIMINAL LIABILITY
When an unlawful or unauthorized act by a person gives a reason for a
war or a reprisal against the Philippines, its residents and property, will
be held liable for the crime of Inciting to war or giving reasons for
reprisal. The intent of the offender is immaterial. It is committed in times
of peace.
A public officer or a private individual shall be liable to serve reclusion
temporal and prision mayor, respectively, if he provokes war or gives
reasons for reprisal against another State, by his commission of unlawful
or unauthorized acts.. [44]
In a war not involving the Philippine government, a person violates a
regulation for the purpose of neutrality shall be punished accordingly.
[45] Also, any person who corresponds with any person in an enemy
country or occupied territory, or corresponds through conventional
signs, or corresponds for the purpose of giving information against the
State, shall be criminally liable. [46] Correspondence is communication
by means of letter. [47] Any person owing permanent or temporary
allegiance to the Philippines, who flees or attempts to flee is liable under
the Code. [48]
The crime of piracy is one characterized by an attack or seizure of a
vessel, or not being a member of its complement nor a passenger, seizes
the whole or part of the cargo of said vessel, its equipment, or personal
belongings of its complement or passengers, while in the high seas." [49]
Mutiny is the unlawful resistance to a superior officer, or the raising of
commotions and disturbances on board a ship against the authority of
his officer." [50] Accordingly, mutiny is penalized in the same provision
as piracy. Piracy is qualified if the crime is attended by the pirates
boarding or firing upon the vessel they seize, when they abandon the
offended parties with no means of saving themselves or if it is attended
by any of the following crimes: murder, homicide, physical injuries and
rape. [51]

Crimes Against The Fundamental Law Of The State
The crimes against the fundamental law of the state are: Arbitrary
Detention, Delay in the Delivery of Detained Persons, Delaying Release,
Expulsion, Violation of dwelling, Search warrants maliciously obtained
and abuse in the services of those legally obtained, Prohibition,
Interruption or Dissolution of peaceful meetings and Offending religious
worship.
Arbitrary detention is committed when a public officer, having the
authority to detain or order the detention of a person, detain a person
accused of the crime without legal justification. [52] In case that the
offender has violent insanity or any other ailment requiring
hospitalization or if he was caught in flagrante delicto, then there is legal
justification in an offenders detention. [53] If, however, the person
having authority to detain, fails to deliver detainee to the proper
authorities, within the time period prescribed by law he becomes liable
for Delay in the delivery of accused persons. [54] A public officer who
delays the performance of a judicial or executive order for the release of
the offender, or, service of notice the offender, or the proceeding for the
liberation of the offender, shall be penalized under the Code. [55] A
public officer or employee who expels any person from the Philippines
or compels any person to change his residence is guilty of expulsion. [56]
Under the constitution, the right of the people to be secure in their
persons, houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose is inviolable. [57] The
Code recognizes the same inviolable right, by penalizing violations
against unreasonable searches and seizures. An unauthorized public
officer or employee who enters the dwelling of another, against the will
of the owner, and searches papers or other effects, or by stealth, enters
said dwelling, and having been told to leave and but refuses. [58] The
crime is qualified if it was committed at night. [59]
4 EXTINGUISHMENT OF CRIMINAL LIABILITY
When a public officer or employee obtains a search warrant without just
cause or if he exceeded his authority or in unauthorized manner, he shall
be criminally liable under the code. [60] When the two witness rule is
not complied with in instances of house search, he becomes criminally
liable, even if he is an authorized person to conduct such search. [61]
A public officer or employee who shall prohibit or interrupt a peaceful
meeting without legal ground, or hinder a person from attending or
prohibit any petition for the correction of the abuses shall be penalized
under the Code. [62]
The prevention or interruption of a public officer or employee of the
ceremonies or manifestation of religion shall be penalized. [63] If
violence or threats were uses to prevent or interrupt the religious
ceremonies, the penalty imposed shall be in its maximum. [64] If a
person in a religious ceremony performs an act, notoriously offensive,
to the faithful, he shall also be punished. [65] The measure of what is
notoriously offensive is viewed from the point of the religious. [66]
Crimes Against Public Order
The Crimes against Public Order are Rebellion or Insurrection, Coup
detat, Conspiracy and Proposal to commit Rebellion or Insurrection, and
Coup detat, Disloyalty of Public Officers, Inciting to Rebellion or
Insurrection, and Coup detat, Sedition, Conspiracy to commit Sedition,
and Inciting to Sedition, Acts tending to prevent the meeting of the
Assembly by similar bodies, Disturbance of Proceedings, Violation of
parliamentary immunity, Illegal assemblies, Illegal associations, Direct
assault, Indirect assault, Disobedience to summons issued by the
legislature, Resistance and disobedience to a person in authority,
Tumults, Unlawful use of means of publication, Delivering prisoners
from jail, Alarms and scandals, Evasion of service, Evasion of service on
account of disorders, conflagration, and Quasi-Recidivism.

By rising publicly and taking arms against the government, or for the
purpose of removing allegiance to the government a territory of the
Philippines or any part, depriving the executive of its powers, the crime
of Rebellion is committed. [67] Coup D etat is characterized by a swift
attack accompanied by violence, intimidation, threat, strategy or stealth.
[68] Such attack is directed against the duly constituted authorities of
the Republic or any military camp or installation, communications
network, public utilities or other facilities needed for the exercise and
continued possession of power, carried out by any person, belonging to
the military or police or holding any public office of employment with or
without civilian support or participation for the purpose of seizing or
diminishing state power. [69]
Active or Passive participation in the offense of Rebellion or
Insurrection and Coup detat will make a person criminally liable for such
offense, and if the offender is a public officer the penalty higher in
degree in its maximum shall be imposed. [70] The mere conspiracy and
proposal to commit Rebellion or Insurrection, and coup detat is a
punishable offense under the Code. [71] Inciting to Rebellion is a felony
under the Code and is committed by inciting others to commit the
offense through the use of speeches, proclamations, writing, emblems,
banners or other representations tending to the same. [72] The
differences between the crimes of inciting and proposal are the decision
to commit the felony and the means used. In proposal to commit
rebellion or insurrection, the person decides to commit rebellion, in
inciting it is not required that the person who proposes has decided.
Also, in proposal to commit Rebellion, the person who proposes does so
in a secret manner, where as in Inciting it is done publicly.
A public officer or employee who failed to resist a rebellion or discharges
his power under the power of the rebel, through the acceptance of
appointment, shall be criminally liable. [73]
5 EXTINGUISHMENT OF CRIMINAL LIABILITY
Sedition refers to overt conduct, such as speech and organizing, that is
deemed by legal authority as being insurrection or other commotion,
against the established order. [74] In the Philippines, persons who rise
publicly and tumultuously in order to attain by force, intimidation, or by
other means outside of legal methods, or to prevent the promulgation
or execution of any law or the holding of any popular election; or to
prevent a public officer from exercising his;or inflict an act of hate or
revenge upon the person or property of any public officer or employee
or against a private individual for any social or political end; and destroy
the property of any person and the Government, maybe held liable for
Sedition. Persons conspiring to commit sedition are also criminally liable,
[75] as well as those inciting it. [76]
A person who, by using force or fraud, prevents the meeting of the
National Assembly or of any of its committees or subcommittees,
constitutional commissions or committees or divisions, or of any
provincial board or city or municipal council or board may be held liable
for the crime of Act tending to prevent the meeting of the Assembly and
similar bodies. [77] Any person who disturbs the proceedings of the
Assembly shall be penalized, [78] as well as that person who shall
prevent a member of the assembly from attending or expressing his
opinion in its proceedings. [79]
The organizers or leaders of any meeting attended by armed persons for
committing any of the crimes punishable under this Code, or of any
meeting in which the audience is induced to commit crimes against
public, shall be penalized, if they are armed the penalty higher will be
imposed. [80] A person in the meeting carrying an unlicensed firearm
creates a presumption that he will commit a felony. [81] The founders,
directors, and presidents or mere membership to such associations,
totally or partially organized for the purpose of committing any of the
crimes punishable under the Code or for some purpose contrary to
public morals shall be penalized. [82]

Direct assault is a crime committed by one against persons in authority
or their agents, while, indirect assault is committed against persons who
come to the aid of the persons in authority being assaulted. Any person,
without a public uprising, who employs force or intimidation or seriously
intimidates or resists any person in authority or any of his agents, to
attain any of the purposes of rebellion and sedition, while engaged in
the performance of official duties, or on occasion of such performance,
and when the assault is committed with a weapon or when the offender
is a public officer or employee, or when the offender lays hands upon a
person in authority maybe made liable for direct assault. [83] Even if
none of these circumstances are present the perpetrator remains
criminally liable. A person who makes use of force or intimidation upon
any person coming to the aid of the authorities or their agent is liable.
[84]
Persons having been summoned to witness before the Congress but
does not, or refuses to be sworn in, shall be criminally liable, under the
Code. [85] Criminal liability also attaches to a person, who is not a person
aiding a person in authority or his agent, or a person who was
summoned by Congress, who seriously resists or disobeys a person in
authority or his agent fulfilling his duty. [86] If the resistance is not so
serious, he will still be criminally liable, although the penalty imposed
shall be lesser. [87]
The Code provides a list of who shall be considered a person in authority
and his agents. Under the law, a person in authority is one directly vested
with jurisdiction, whether as an individual or as a member of some court
or governmental corporation, board, or commission. [88] A person who,
by direct provision of law or by election or by appointment of competent
authority, is given the duty of maintaining order and protection and
security of life and property and any person who comes to the aid of
persons in authority, is deemed an agent of persons in authority. [89]
6 EXTINGUISHMENT OF CRIMINAL LIABILITY
Teachers, professors and other persons charged with the supervision of
schools and lawyers in the actual performance of their duties or on the
occasion of its performance, are considered persons in authority. [90]
If serious disturbance is caused, in a public place, office, or
establishment, or shall interrupt or disturb public performances,
functions or gatherings, or peaceful meetings, by a person, and such
disturbance does not constitute any other crime in the code, the person
shall be held liable for tumultuous disturbance or interruption likely to
cause disturbance. [91] If the disturbance caused is tumultuous or
caused by more than three persons who are armed or provided with
means of violence, the penalty shall be imposed in its maximum. [92]
The crime of tumultuous disturbance is also committed by a person, who
in any meeting or public place, makes an outcry or displays placards
provoking people to commit crimes against public order. [93] Any person
burying the body, of a legally executed person with pomp shall also be
liable. [94]
The crime of Unlawful use of means of publication or unlawful
utterances is committed when a person publishes or causes to be
published any false news which might endanger the public order or
damage interest or credit of the State. publishing or causing to be
published any false news which may endanger the public order, or cause
damage to the interest or credit of the State, or maliciously publishing
an official document without proper authority or before they have been
officially published, encouraging disobedience to the law or causing to
be printed or published books, pamphlets which are classified as
anonymous. [95]
Acts punished as Alarms and Scandals constitute discharging of firearms,
rockets, firecrackers, any other explosives to cause alarm or danger,
instigating charivari, engaging in noctournal amusements or wandering
about at night, and the causing of disturbance by an intoxicated person.
[96] These disturbances are committed in public places. Charivari

includes a mock serenade of discordant noises made on kettles, tin or
horns designed to annoy or insult. [97] The disturbance must not be
serious; otherwise the offense committed is under article 153 of the
Code or Tumultuous Disturbance.
A person who shall cause the liberation of a detainee or prisoner by
violence, intimidation and bribery will be liable under the Code, and shall
include the taking of the prisoner or detainee outside penal
establishments by surprising the guard. [98] A person who shall evade
service of his sentence by escaping during the term of his imprisonment
by final judgement or if evasion is effected through unlawful entry, or
deceit, violence or intimidation, or through connivance with other
convicts or employees of the penal institution, is committing a crime
defined under the Code. [99] A prisoner who escapes prison on account
of calamities and he fails to give himself up is liable under the Code. [100]
However, if he gives himself up within 48 hours of the stoppage of the
calamity, he shall be rewarded under Article 98 of the Code. A person
who shall violate the terms of his pardon shall likewise be criminally
liable. [101]
If the offender commits another felony while he is serving his
sentence, he shall serve the maximum penalty for the new offense
committed and he shall be pardoned when he turns 70, unless his
conduct does not make him worthy. [102]
Crimes Against Public Interest
Crimes against public interest include: Counterfeiting the great seal of
the government, Using forged signature or seal or stamp.
Any person forging the great seal of the Government [103] or the
signature or stamp [104] of the Chief Executive shall be penalized under
the Code. Any person who makes, imports, or utters, false coins, in
connivance with counterfeiters, or importers, will suffer penalty
7 EXTINGUISHMENT OF CRIMINAL LIABILITY
depending upon what was counterfeited whether it is, a coin of the
Philippines or of another country. [105]
Under the Code, Mutilation of coins of the legal currency and the
importing and uttering of the same or connivance with such persons are
punishable offenses. [106] Any person who, without connivance, intends
to or actually utter a false or mutilated coin shall be liable under the
Code for a penalty lower in degree than that with connivance. [107]
If treasury or bank notes or any other obligation or securities belonging
to the Philippines is forged, imported, uttered in connivance with the
forger, such person will be penalized under the Code. [108] The penalty
will vary depending on the obligation forged or falsified.
Any person who shall forge, import or utter, in connivance with the
forgers or importers, any instrument payable to order or other
document of credit not payable to bearer is liable under the Code. [109]
If a person possesses falsified document, he is liable under the Code,
regardless of his intention, unless such constitutes another offense.
[110]
Forgery is committed by giving to a treasury or bank note or any
instrument, payable to bearer or order mentioned therein, the
appearance of a true genuine document or by erasing, substituting,
counterfeiting or altering by any means the figures, letters, words or
signs contained therein. [111]
The alteration of a bill, resolution or ordinance enacted or approved or
pending approval by either Houses of Congress or any provincial board
or municipal council is a felony defined in the Code. [112] A higher
penalty is imposed if the offender is a public officer, employee or notary
or ecclesiastical power, if they take advantage of their official position.
A public officer or employee, notary or ecclesiastical power, commits a
felony if he: counterfeits any handwriting, signature or rubric; causes to

appear that persons have participated in any act or proceeding when
they did not in fact so participate; attribute statements to another other
than the statements they made; makes untruthful statements of facts;
altering dates; altering or intercalating in a genuine document which
changes its meaning; issuing in an authenticated form a document
purporting to be a copy of an original document when no such original
exists; or including in such a copy a statement contrary to, or different
from, that of the genuine original; or Intercalating any instrument or
note relative to the issuance thereof in a protocol, registry, or official
book. [113] Intercalating means to insert between or among existing
layers". [114] An ecclesiastical minister shall be considered a public
officer, with respect to any record or document of such character that
its falsification may affect the civil status of persons. [115]
A private person may be held liable for falsification if he commits any of
the falsifications committed by a public officer or employee, in any
public or official document or letter of exchange or any other kind of
commercial document, or, in a private instrument if he intends to gain
from it, in the process injuring a third person. [116] A person who
introduces in evidence in any judicial proceeding or to the damage of
another or who, with the intent to cause such damage, shall use any of
the false documents shall be penalized under the Code. [117]
An officer or employee of the Government or of any private corporation
engaged in the service of sending or receiving wireless, cable or
telephone message who utters a fictitious wireless, telegraph or
telephone message of any system or falsifies the same is liable under the
Code. [118] Also, using falsified dispatch to prejudice another or intends
to is criminal offense under the Code. [119]
A doctor who falsifies a medical certificate, or a public officer who issues
a false certificate of merit of service, good conduct or similar
circumstances, commits a criminal offense. [120] The person who uses
the falsified documents is also liable. [121]
8 EXTINGUISHMENT OF CRIMINAL LIABILITY
Also, any person manufacturing, importing or is found in possession of
instruments or implements intended for the commission of falsification
is criminally liable. [122]
Other falsification, including usurpation of authority or official functions,
[123] using fictitious name and concealing true name, [124] and illegal
use of uniform or insignia [125] are also criminal acts.
If a person, due to testify in court for a criminal case, gives false
testimony to the detriment [126] or benefit [127] of the accused, he shall
be liable under the Code. If a person gives false testimony in a civil case,
he is also liable. [128] A person under oath, makes untruthful statements
or in an affidavit, upon any material matter, or in case of a solemn
affirmation made in lieu of an oath, offers a lie, is criminally liable. [129]
Any person offering in evidence a false witness or testimony in any
judicial or official proceedings, is liable for false testimony. [130]
Under the Code, Machinations in public auctions [131]
Monopolies and Combinations in restraint of trade, [132] Importation
and Disposition of falsely marked articles or merchandise made of gold,
silver or other precious metals, Substitution and Alteration of
trademarks or tradenames, [133] and Unfair Competition [134] are
crimes classified as Frauds.
Crimes Against Public Morals
The provisions under Crimes against Public Morals and all the other
amendments inconsistent with Presidential Decree No. 1602 [135] and
Republic Act No. 9287, [136] have been repealed. Gambling consist of
games or schemes, whether upon chance or skill, wherein wagers
consisting of money, articles, or value or representative of value are at
stake or made. It is prohibited because it undermines the social, moral
and economic growth of the nation. [137] Specific forms of gambling
 9 EXTINGUISHMENT OF CRIMINAL LIABILITY
remain to be penalized. The proponent shall not discuss the provision on
gambling and its amendatory acts.

NOVATION

MBTC vs REYNADO

Novation not a mode of extinguishing criminal liability for estafa;

Criminal liability for estafa not affected by compromise or novation of
contract.

Initially, it is best to emphasize that novation is not one of the grounds

prescribed by the Revised Penal Code for the extinguishment of criminal
liability.

In a catena of cases, it was ruled that criminal liability for estafa is not
affected by a compromise or novation of contract.

Thus, the doctrine that evolved from the aforecited cases is that a
compromise or settlement entered into after the commission of the
crime does not extinguish accuseds liability for estafa. Neither will the
same bar the prosecution of said crime. Accordingly, in such a situation,
as in this case, the complaint for estafa against respondents should not
be dismissed just because petitioner entered into a Debt Settlement
Agreement with Universal.

Thus, the doctrine that evolved from the aforecited cases is that a
compromise or settlement entered into after the commission of the
crime does not extinguish accuseds liability for estafa. Neither will the
same bar the prosecution of said crime. Accordingly, in such a situation,
as in this case, the complaint for estafa against respondents should not
be dismissed just because petitioner entered into a Debt Settlement
Agreement with Universal.