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0 tracked cards Criminal Law

Juan Dela Cruz, a resident of Makati City, was convicted by final judgment of estafa and sentenced to imprisonment for 4 years and to pay a civil indemnity of PHP 120,000 to the offended party. Before the sentence could be executed, Juan dies. Which statement best reflects the law on the duration and effects of penalties in this situation under Philippine law?

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Criminal liability is extinguished by the death of the accused; there is no imprisonment or fine to be served, but civil indemnity may be pursued against the decedent's estate. Criminal liability survives death; imprisonment and the civil indemnity may be enforced against the decedent's estate. Death before sentence negates the judgment entirely; no penalties or civil indemnity are collectible. The government may pursue civil indemnity against the estate only if the decedent had any assets, otherwise the claim is extinguished.

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