PEOPLE V BAYOTAS

G.R. No. 136818 December 19, 2000

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.