CRIMINAL PROCEDURE | PEOPLE V. BAYOTAS, G.R. NO. 102007, 2 SEPTEMBER 1994

PEOPLE V. BAYOTAS,

G.R. NO. 102007, 2 SEPTEMBER 1994

 

TOPIC/DOCTRINE

Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon.

Where the civil liability survives, an action for recovery therefor may be pursued but only by way of filing a separate civil action and subject to Section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended.

 

FACTS

In Criminal Case No. C-3217 filed before Branch 16, RTC Roxas City, Rogelio Bayotas y Cordova was charged with Rape and eventually convicted thereof on June 19, 1991 in a decision penned by Judge Manuel E. Autajay. Pending appeal of his conviction, Bayotas died on February 4, 1992 at the National Bilibid Hospital due to cardio respiratory arrest secondary to hepatic encephalopathy secondary to hipato carcinoma gastric malingering. Consequently, the Supreme Court in its Resolution of May 20, 1992 dismissed the criminal aspect of the appeal. However, it required the Solicitor General to file its comment with regard to Bayotas’ civil liability arising from his commission of the offense charged.

 

ISSUE

Does death of the accused pending appeal of his conviction extinguish his civil liability?

 

RULING

Yes.

The court ruled that death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon.

Here, applying this set of rules to the case at bench, the court ruled that the death of appellant Bayotas extinguished his criminal liability and the civil liability based solely on the act complained of, i.e., rape. Consequently, the appeal is hereby dismissed without qualification. Corollarily, the claim for civil liability survives notwithstanding the death of accused, if the same may also be predicated on a source of obligation other than delict.







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