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v. BAYOTAS
FACTS:
1. Bayotas was charged and convicted of rape.
2. Pending appeal, he died
3. SC dismissed the criminal aspect of the appeal
a. asked OSG to comment on civil liability
b. OSG stated that death of the accused does not exDnguish the
civil liability
c. cited People v. Sendaydiego appeal should sDll be resolved
for the purpose of reviewing his convicDon by the lower court
on which the civil liability is based
4. Counsel of Bayotas argued that death of the accused while judgment of
is pending appeal exDnguishes both his criminal and civil penalDes
a. cited People v. CasDllo and Ocfemia civil obligaDon in a
criminal case takes root in the criminal liability and, therefore,
civil liability is exDnguished if accused should die before nal
judgment is rendered
ISSUE: Whether the death of the accused pending appeal exDnguishes both
civil and criminal liability
HELD:
CRIMINAL LIABILITY YES. exDnguished upon death of the accused
ART. 89. How criminal liability is totally exDnguished.Criminal liability is
totally exDnguished:
1. By the death of the convict, as to the personal penalDes; and as
to the pecuniary penalDes liability therefor is exDnguished only when the
death of the oender occurs before nal judgment
CIVIL LIABILITY
The term nal judgment employed in the Revised Penal Code means
judgment beyond recall. Really, as long as a judgment has not become
executory, it cannot be truthfully said that defendant is denitely guilty of
the felony charged against him.
claim for civil liability springs out of and is dependent upon facts which,
if true, would consDtute a crime
such civil liability is an inevitable consequence of the criminal liability
and is to be declared and enforced in the criminal proceeding
if the private oended party, upon exDncDon of the civil liability ex
delicto desires to recover damages from the same act or omission
complained of, he must subject to SecDon 1, Rule 111
le a separate civil acDon, this Dme predicated not on the
felony previously charged but on other sources of obligaDon
if the same act or omission complained of also arises from quasi-delict
or may, by provision of law, result in an injury to person or property
(real or personal), the separate civil acDon must be led against the
executor or administrator of the estate of the accused pursuant to Sec.
1, Rule 87 of the Rules of Court
if the same act or omission complained of also arises from contract, the
separate civil acDon must be led against the estate of the accused,
pursuant to Sec. 5, Rule 86 of shall be paid by the oended party upon
the ling thereof in court for trial
4.
Applying this set of rules to the case at bench, we hold that the death of
appellant Bayotas exGnguished his criminal liability and the civil liability
based solely on the act complained of, i.e., rape. Consequently, the
appeal is hereby dismissed without qualicaGon.