The death of the accused pending appeal of his conviction extinguishes his civil liability. The claim for civil liability survives notwithstanding the death of accused-appellant. A ruling of the Court of Appeals in People v. Castillo held that the civil obligation in a criminal case takes root in the criminal responsibility.
The death of the accused pending appeal of his conviction extinguishes his civil liability. The claim for civil liability survives notwithstanding the death of accused-appellant. A ruling of the Court of Appeals in People v. Castillo held that the civil obligation in a criminal case takes root in the criminal responsibility.
The death of the accused pending appeal of his conviction extinguishes his civil liability. The claim for civil liability survives notwithstanding the death of accused-appellant. A ruling of the Court of Appeals in People v. Castillo held that the civil obligation in a criminal case takes root in the criminal responsibility.
Facts: Rogelio Bayotas was charged with rape and eventually convicted on June19, 1991. While the appeal was pending, Bayotas died. The Supreme Court dismissed the criminal aspect of the appeal; however, it required the Solicitor-General to comment with regard to Bayotas civil liability arising from his commission of the offense charged. In his comment, the SolicitorGeneral expressed his view that the death of accused-appellant did not extinguish his civil liability as a result of his commission of the offense charged. This comment was opposed by the counsel of accused-appellant, arguing that the death of the accused while judgment of the conviction is pending appeal extinguishes both criminal and civil penalties, he cited in support and invoked the ruling of the Court of Appeals in People v. Castillo, which was held that the civil obligation in a criminal case takes root in the criminal responsibility and therefore civil liability is extinguished if accused should die before final judgment is rendered. Issue: Whether or not the death of the accused pending appeal of his conviction extinguishes his civil liability. Ruling:Yes. The death of the accused pending appeal of his conviction extinguishes his civil liability because tire liability is based solely on the criminal act committed. Corollarily, the claim for civil liability survives notwithstanding the death of the accused, if the same may also be predicted as one source of obligation other than delict. Moreover, when a defendant dies before judgment becomes executory, there cannot be any determination by final judgment whether or not the felony upon which the civil action might arise exists, for the simple reason that there is no party defendant. The Rules of Court state that a judgment in a criminal case becomes final after the lapse of the period for perfecting an appeal or when the sentence has been partially or totally satisfied or served, or the defendant has expressly waived in writing his right to appeal. In addition, where the civil liability does not exist independently of the criminal responsibility, the extinction of the latter by death, ipso facto extinguishes the former, provided, of course, that death supervenes before final judgment. As in this case, the right to institute a separate civil action is not reserved, the decision to be rendered must, of necessity, cover both the criminal and the civil aspects of the case. The accused died before final judgment was rendered, thus, he is absolved of both his criminal and civil liabilities based solely on delict or the crime committed. Appeal dismissed.