Professional Documents
Culture Documents
PEOPLE
FACTS:
Visitacion Bombasis late mother, Marciana Vda de Coronado, entered
into a lease contract with the Municipality of Nagcarlan wherein the
Municipality allowed the use and enjoyment of a lot and store for
twenty years, extendible for another twenty years upon expiry. The
contract provided that Vda de Coronado could build a firewall that
must be as high as the store on the rented property. It also provided
preferential rights for Marciana and her heir/s in case of modification of
the public market. Taking over the store when her mother died,
Visitacion also secured yearly permits from the mayor.
Some time later, a fire razed the public market. Visitacion later
requested for inspection, and District Engineer Gorospe of the Ministry
of Public Works and Highways found that the store was still intact and
sturdy, and such finding was contested by the Municipality. The store
continued operations after the fire.
The Sangguniang Bayan of Nagcarlan, Laguna authorized Mayor
Comendador to demolish the store in question by using legal means
through Resolution No. 183. The Mayor then authorized the demolition
relying on the strength of Sangguniang Bayan Resolution Nos. 183 and
156. Asilo and Angeles were tasked to supervise the work.
Visitacion, filed with a case for damages before the RTC. Spouses
Bombasi, thereafter, filed a criminal complaint against Mayor
Comendador, Asilo and Angeles for violation of Sec. 3(e) of Republic
Act No. 3019 otherwise known as the "Anti-Graft and Corrupt Practices
Act" before the Office of the Ombudsman.
The counsel for the late Mayor filed its Motion for Reconsideration
alleging that the death of the late Mayor had totally extinguished both
his criminal and civil liability. The Sandiganbayan granted the
extinction of the criminal liability and denied the extinction of the civil
liability holding that the civil action is an independent civil action.
ISSUE: W/N the death of Mayor Comendador extinguished his
civil liability.
HELD:
his criminal liability as well as the civil liability based solely thereon.
As opined by Justice Regalado, in this regard, "the death of the
accused prior to final judgment terminates his criminal liability and
only the civil liability directly arising from and based solely on the
offense committed, i.e., civil liability ex delicto in senso
strictiore."
Corollarily, the claim for civil liability survives notwithstanding the
death of (the) accused, if the same may also be predicated on a
source of obligation other than delict. Article 1157 of the Civil Code
enumerates these other sources of obligation from which the civil
liability may arise as a result of the same act or omission:
a) Law
b) Contracts
c) Quasi-contracts
d) Acts or omissions punished by law; and
e) Quasi-delicts.
Where the civil liability survives, as explained [above], an action for
recovery therefore 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. This separate civil action
may be enforced either against the executor/administrator or the
estate of the accused, depending on the source of obligation upon
which the same is based as explained above.
Finally, the private offended party need not fear a forfeiture of his
right to le this separate civil action by prescription, in cases where
during the prosecution of the criminal action and prior to its
extinction, the private-offended party instituted together therewith
the civil action. In such case, the statute of limitations on the civil
liability is deemed interrupted during the pendency of the criminal
case, conformably with provisions of Article 1155 of the New Civil
Code, which should thereby avoid any apprehension on a possible
privation of right by prescription. Upon death of the accused
pending appeal of his conviction, the criminal action is extinguished
inasmuch as there is no longer a defendant to stand as the accused;
the civil action instituted therein for recovery of civil liability ex
delicto is ipso facto extinguished, grounded as it is on the criminal.
articles follow:
Art. 31 of the Civil Code states:
When the civil action is based on an obligation not arising from the
act or omission complained of as a felony, such civil action may
proceed independently of the criminal proceedings and regardless
of the result of the latter.
And, Art. 32 (6) states:
Any public ofcer or employee, or any private individual, who
directly or indirectly obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights and liberties of
another person shall be liable to the latter for damages:
(6) The right against deprivation of property without due process of
law;
SAHITC