Professional Documents
Culture Documents
DEMOCRITO PARAS
G.R. No. 192912, 3 October 2014, SPECIAL FIRST DIVISION, (Leonardo-
De Castro, J.)
Upon the 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 the recovery of civil liability ex delicto is ipso facto extinguished, grounded as it
is on the criminal action.
Democrito Paras was charged with one count of rape. The Regional Trial
Court (RTC) found Paras guilty as charged which was affirmed by the Court of
Appeals (CA). Paras appealed the decision of CA before the Supreme Court. The
Court affirmed the judgment of conviction against Paras. However, Police
Superintendent Roberto R. Rabo, Officer-in-Charge of the New Bilibid Prison,
informed the Court that Paras had died at the New Bilibid Prison Hospital.
ISSUE:
Is the civil liability of Paras extinguished together with his criminal liability
in case of death pending appeal?
RULING:
Yes. Under Article 89, paragraph 1 of the Revised Penal Code, as amended,
the death of an accused pending his appeal extinguishes both his criminal and civil
liability ex delicto.
In this case, when Paras died on January 24, 2013, his appeal tothe Court
was still pending. The death of Paras, thus, extinguished his criminal liability, as well
as his civil liability directly arising from and based solely on the crime committed.
Years later, PIC failed to settle their unpaid amortizations despite due
notification by PMO. Thus, PMO warned PIC that the former will enforce the
reversion clause in the ARDA if the latter fails to settle its outstanding obligations
within a given period. However, a day before the said period expired, PIC sought
relief with the courts regarding the prohibition against Reversion of Shares averring
that the automatic reversion constitutes a pactumcommissorium, an act expressly
prohibited by Article 2088 of the Civil Code. The Regional Trial Court (RTC) found
that the contract involves a pactumcommissorium. However, the Court of Appeals (CA)
reversed the RTC ruling stating that the elements for pactumcommissoriumis not
present in the contract.
ISSUE:
RULING:
Yes. There are two elements for pactum commissoriumto exist: (1) that there
should be a pledge or mortgage wherein a property is pledged or mortgaged by way
of security for the payment of the principal obligation; and (2) that there should be a
stipulation for an automatic appropriation by the creditor of the thing pledged or
mortgaged in the event of non-payment of the principal obligation within the
stipulated period.