RULE 87 - ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS

Facts:
In Criminal Case filed before RTC Roxas City, Rogelio Bayotas y Cordova was charged with Rape and
eventually convicted. Pending appeal of his conviction, Bayotas died at the National Bilibid Hospital due
to cardio respiratory arrest secondary to hepatic encephalopathy secondary to hipato carcinoma gastric
malingering. Consequently, the Supreme Court in its Resolution, dismissed the criminal aspect of the
appeal. However, it required the Solicitor General to file its comment with regard to Bayotas' civil
liability arising from his commission of the offense charged. In his comment, the Solicitor General
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. The Solicitor General, relying on the case of People v.
Sendaydiego insists that the appeal should still be resolved for the purpose of reviewing his conviction
by the lower court on which the civil liability is based.
Counsel for the accused-appellant, on the other hand, opposed the view of the Solicitor General arguing
that the death of the accused while judgment of conviction is pending appeal extinguishes both his
criminal and civil penalties. In support of his position, said counsel invoked the ruling of the Court of
Appeals in People v. Castillo and Ocfemia which held that the civil obligation in a criminal case takes root
in the criminal liability 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.
Held:
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.
When the action is for the recovery of money and the defendant dies before final judgment, it shall be
dismissed to be prosecuted in the manner especially provided in Section 1, of Rule 87 of the Rules of
Court. Which reads as; Actions which may and which may not be brought against executor or
administrator. No action upon a claim for the recovery of money or debt or interest thereon shall be
commenced against the executor or administrator; but actions to recover real or personal property, or
an interest therein, from the estate, or to enforce a lien thereon, and actions to recover damages for an
injury to person or property, real or personal, may be commenced against him.
Applying this set of rules to the case at bench, we hold that the death of appellant Bayotas extinguished
his criminal liability and the civil liability based solely on the act complained of rape.