Short answer. No. Under Article 2034 of the Civil Code, you can validly settle the civil damages that flow from a crime, but that settlement does not extinguish the criminal case. The public action for the imposition of the legal penalty continues regardless of what you and the accused agreed upon.
What the law says
There may be a compromise upon the civil liability arising from an offense; but such compromise shall not extinguish the public action for the imposition of the legal penalty.
Civil Code, Article 2034 — Compromise on Civil Liability From a Crime. Read the full provision →
Two separate actions, two separate outcomes
A single criminal act can give rise to two distinct legal actions: the criminal prosecution brought by the State, and the civil action for damages that the victim can pursue. Article 2034 of the Civil Code addresses the second of these. It confirms that the civil liability arising from a crime is a private matter that the parties — the offended party and the accused — can settle through a compromise agreement. But it draws a hard line: such compromise shall not extinguish the public action for the imposition of the legal penalty. The criminal case belongs to the State, not to you, and your settlement cannot end it.
What your settlement actually covers
When you reach a civil compromise, you are settling the monetary or other civil consequences of the crime — damages for injury, restitution for property taken, compensation for harm suffered. Once that compromise is in place and accepted, you generally cannot pursue the civil side of the case further for the same items you settled. This is a real and practical benefit: it gives you certainty that the agreed amount will be paid without waiting for the criminal case to conclude, which can take years. The settlement is enforceable as a contract, and if the accused fails to pay what was agreed, you can move to enforce it.
What your settlement does not cover
The State's right to prosecute the accused, to present evidence, and to seek the penalty prescribed by law for the offense is not yours to give away. Prosecutors act on behalf of the public interest, not on your behalf. Even if you sign an affidavit of desistance along with your settlement — stating that you no longer wish to pursue the case — the prosecutor retains the authority to decide whether the criminal proceedings continue. For serious offenses especially, an affidavit of desistance does not automatically result in dismissal. The criminal penalty is the State's remedy, and Article 2034 preserves it from being bargained away in a private settlement.
Practical implications before you sign anything
If the accused or their counsel is offering you a settlement, understand clearly what you are and are not agreeing to. You can settle your damages — and in many situations that is the most practical outcome, since a conviction alone does not put money in your pocket. But be careful about signing documents that purport to release the accused from all liability, criminal or otherwise. Such language cannot legally bind the prosecutor, but it may be used against you if you later try to cooperate with the prosecution. If you have questions about what a proposed settlement document actually means for the criminal case, consulting a lawyer before you sign is the sensible step.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- People of the Philippines vs. Rowena Hermoso Benedictus, G.R. No. 123906, March 27, 1998 — read the decision on LawPhil →