People v Bayotas G.R. No. 102007 September 2, 1994 ROMERO, J.

(en banc) Bayotas convicted with rape on June 19, 1991. Pending appeal, hedied on February 4, 1992 at the National Bilibid Hospital due to cardio respiratory arrest secondary to hepatic encephalopathy secondary to hipato carcinoma gastric malingering. SC dismissed criminal aspect and asked SolGen to comment on the civil liability. Issue: Does death of the accused pending appeal of his conviction extinguish his civil liability? Ruling: 1. Death pending appeal of his conviction extinguishes civil liability. 2. Claim for civil liability survives notwithstanding the death of accused, if based on obligation not delict. 3. Where the civil liability survives, an action for recovery may be pursued but only by way of filing a separate civil action. 4. Statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case. Torrijos v CA G.R. No. L-40336 October 24, 1975 MAKASIAR, J.: Wakat Diamnuan and his wife sold a parcel of land in Sitio Cacuban, Barrio Gumatdang, Pitogon, Benguet twice. But the land title is issued in their names and in the names of Kangi Erangyas, and the heirs of Komising Tagle, who owned the remaining portions. Title could not be registered by the buyers. Sentence: 3 months of arresto mayor, to pay a fine of P7,493.00 with subsidiary imprisonment, to indemnify petitioner Lamberto Torrijos in the sum of P7,493.00 and to pay the costs. The trial Judge added as the second paragraph of the dispositive portion of the decision that "Whatever damages may have been suffered by Torrijos before the Deed of Sale in favor of Victor de Guia was made by the accused and his co-owners may be the subject of some other action, perhaps civil, but not in this case." On August 5, 1973, the accused died. Ruling: It should be stressed that the extinction of civil liability follows the extinction of the criminal liability under Article 89, only when the civil liability arises from the criminal act as its only basis. The said principle does not apply in instant case wherein the civil liability springs neither solely nor originally from the crime itself but from a civil contract of purchase and sale. The civil liability of the accused survives his death; because death is not a valid cause for the extinguishment of civil obligations.