Practice question
A valid amnesty has extinguished the covered criminal liability. The beneficiary still owes an independently enforceable adjudged civil indemnity, not otherwise extinguished. The beneficiary argues that amnesty automatically pays the victim. Which is correct?
- Amnesty is necessarily payment
- The victim’s civil rights always disappear
- Article 113 preserves the civil obligation unless a separate lawful ground extinguishes it
- The beneficiary must be convicted anew merely to collect civil payment
- Congress must become the creditor
Legal references
- https://lawphil.net/consti/cons1987.html — Constitution Article VII section 19: presidential amnesty and concurrence of a majority of all Members of Congress.
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — RPC Articles89(3) and113: amnesty’s penal effect and survival of civil liability.
- https://lawphil.net/judjuris/juri2024/apr2024/gr_241494_2024.html — Trillanes v. Medialdea, G.R. 241494,256660 and256078, April 3, 2024, main decision: legal effect, coverage, legislative concurrence and due process in revocation.
- https://lawphil.net/judjuris/juri1949/jan1949/gr_l-1278_1949.html — Barrioquinto v. Fernandez, G.R. L-1278, January 21, 1949, main decision: amnesty distinguished from pardon.
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