People V.

Tirol
G.R. No. (102 SCRA 558)
Jan 31, 1981

Provision: Article 37

Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in
every natural person and is lost only through death. Capacity to act, which is the power to
do acts with legal effect, is acquired and may be lost.

Provision: Article 42

Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by law,
by contract and by will.

Petitioners: People of the Philippines

Respondents: Bonifacio Tirol and Ciriaco Baldesco

Facts:

On the evening of December 4, 1965, a group armed men with bladed weapons and
firearms went up to Kosain Manibpols home and attacked his family which consisted of his wife
and his seven children. Only Kosain Manibpol and one of his daughters, Undang survived the
attack, only because they were able to run to neighbors homes.

Out of the fourteen assailants, only two people were apprehendedBonifacio Tirol and
Ciriaco Baldesco, who were both found guilty beyond reasonable doubt of the murder of seven
persons. They were ultimately sentenced to death for each of the seven urders of the seven
disease, and to an imprisonment of ten to seventeen years and four months for each of the two
Frustrated murders of the two wounded persons and to indemnify jointly and severally their heirs
of each of the seven diseased.

The two accused decided to file for an appeal. During the pendency of the appeal, on
October 23, 1977 appellant Baldesco died in the New Bilibid Prison hospital.

Issue: Is Ciriaco Baldesco subject to the Penal and Civil Liabilities for his crimes after his death?

Held: The court deemed his penal liabilities (jail time) to be extinguished after his death, but his
civil liabilities (12,000 pesos for each of the seven slain victims, and 8,000 pesos for each of the
victims of the frustrated murders) to carry on, to be recovered by his estate.
Analysis:

According to Article 37, Juridicial capacity (which is the aptitude for holding and
enjoyment of rights is lost through death. This means that Bonifacio Tirol, upon his death loses
this inherent quality.

According to Article 42, civil personality is extinguished by death. However, for certain
purposes, his personality is deemed to continue in his estate (the condition or circumstance in
which the owner stands with regard to his property, and is usually synonymous with right,
title, and interest. Therefore, this means that despite Tirols death, the monetary penalty may
be recovered through the money and the property he left behind.