Practice question
The victim expressly and validly waives only the civil indemnity, while the distinct criminal fine remains enforceable. No other civil liability is asserted. An offender says the waiver necessarily removes the fine from the payment ledger as well. Which is correct?
- A victim may automatically remit every State penalty.
- The civil waiver does not by itself extinguish the distinct criminal fine.
- Every civil waiver is a presidential pardon.
- The fine and civil award become identical because one is waived.
- No criminal pecuniary obligation can survive a civil release.
Legal references
- Nanzan v. People, G.R. No. 262084, April 3, 2024, main decision, fine versus civil indemnity and Article 38 preference: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/69480
- Revised Penal Code, Articles 38, 112 and 113, cited civil-payment and extinction rules: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
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