People vs Bayotas

236 SCRA 239

Doctrine: Death of the accused pending appeal of his conviction extinguishes his criminal
liability as well as the civil liability based solely thereon.

Facts:

 Rogelio Bayotas was accused and charged with Rape and was eventually convicted.
However, pending appeal of his conviction, he died due to cardio respiratory arrest.  
 The Supreme Court dismissed the criminal aspect of the appeal. On the other hand, the
Solicitor General then submitted a comment stating that the death of the accused does
not excuse him from his civil liability (supported by the Supreme Court’s decision in
People vs Sendaydiego). While the counsel of the accused claimed that in the Supreme
Court’s decision in People vs Castillo, civil liability is extinguished if accused should die
before the final judgement is rendered.

Issue: Whether or not the death of the accused pending appeal of his conviction
extinguishes bpth his criminal and civil liability. YES.

Ruling:

It is clear, as stated in Art. 89 of the Revised Penal Code that criminal liability is totally
extinguished by the death of the convict, as to the personal penalties and as to the pecuniary
penalties liability therefor is extinguished only when the death of the offender occurs before final
judgment.

In the aspect of the civil liability, the Court decided on this case through stating the cases of
Castillo and Sendaydiego. In the Castillo case, the Court said that civil liability is extinguished
only when death of the accused occurred before the final judgement. Judge Kapunan further
stated that civil liability is extinguished because there will be “no party defendant” in the case.
There will be no civil liability if criminal liability does not exist. Further, the Court stated “it is,
thus, evident that the rule established was that the survival of the civil liability depends on
whether the same can be predicated on the sources of obligations other than delict. On the
other hand, in the Sendaydiego case, it ruled that civil liability will only survive if death came
after the final judgement. However, Article 30 of the Civil Code could not possibly lend support
to the ruling in Sendaydiego. Civil liability ex delicto is extinguished by the death of the accused
while his conviction is on appeal.

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.
Stated differently, 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.

Death of the accused pending appeal of his conviction extinguishes his criminal liability as well
as the civil liability based solely thereon. Thus, the Court held that the death of Bayotas
extinguished his criminal liability and the civil liability based solely on the act complained of
which is rape.