PEOPLE OF THE PHILIPPINES, vs. ROGELIO BAYOTAS y CORDOVA.
- G.R. Number: G.R. No. 102007
- Promulgated: 1994-09-02
- Ponente: Romero, J.
Doctrine
Death of the accused before judgment becomes final extinguishes the criminal action and civil liability that rests solely on the criminal conviction (civil liability ex delicto).
Article 30 of the Civil Code permits an independent civil action for damages arising from the same act, but the civil remedy must be founded on a source of obligation other than the felony if the criminal action has been extinguished by death.
The nature of the source of obligation determines against whom recovery may proceed: claims for injury to person or property may be enforced against the executor/administrator under Sec. 1, Rule 87 of the Rules of Court.
Facts
Rogelio Bayotas was charged with rape in Criminal Case No. C-3217, convicted on 19 June 1991 by RTC Branch 16, Roxas City; his appeal was pending when he died on 4 February 1992 at the National Bilibid Hospital.
After his death the Supreme Court dismissed the criminal aspect of the appeal but required the Solicitor General to comment on any civil liability arising from the offense.
The Court examined prior jurisprudence (e.g., Castillo, Sendaydiego, Belamala, Torrijos) on whether civil liability survives the accused's death pending appeal and whether civil liability ex delicto is extinguished.
Issues
Whether the death of an accused pending appeal extinguishes his criminal liability and any civil liability that is based solely on the criminal act (civil liability ex delicto).
Whether, upon such death, the offended party may pursue civil recovery by filing a separate civil action under Article 30 of the Civil Code or otherwise, and against whom such action must be brought.
Ruling
The Court held that Bayotas's death extinguished his criminal liability and the civil liability based solely on the rape (civil liability ex delicto); accordingly, the appeal is dismissed.
If the offended party wishes to recover damages after extinction of civil liability ex delicto, he must file a separate civil action under Section 1, Rule 111, predicated on other sources of obligation; enforcement depends on that source.
Where the same act also constitutes quasi-delict or creates liability under law for injury to person or property, the separate civil action must be filed against the executor or administrator pursuant to Section 1, Rule 87.
Keywords
G.R. No. 102007, Rogelio Bayotas y Cordova, Criminal Case No. C-3217, Rape, civil liability, People v. Sendaydiego, People v. Castillo and Ocfemia, death of the accused pending appeal, extinguishment of criminal liability, extinguishment of civil liability, Article 89 of the Revised Penal Code, final judgment, sentencia firme, Article 132 of El Codigo Penal de 1870, Articles 72 and 78 of the Revised Penal Code, Section 7, Rule 116 of the Rules of Court, final and executory judgment, People vs. Yusico, People vs. Moll, People of the Philippines v. Bonifacio Alison