PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

ROGELIO BAYOTAS
y CORDOVA, accused-appellant
G.R. No. 102207.      September 2, 1994

FACTS:

Rogelio Bayotas, accused and charged with Rape, died on February 4, 1992 due to
cardio respiratory arrest. 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). On the other hand, 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 extinguish his
civil liability.

RULING:

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.

In the Sendaydiego case, the Court issued Resolution of July 8, 1977 where it states that
civil liability will only survive if death came after the final judgement of the CFI of
Pangasinan. 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. The Court also gave a summary on which
cases should civil liability be extinguished, to wit:

Death of the accused pending appeal of his conviction extinguishes his criminal liability
as well as the civil liability based solely thereon. Therefore, Bayotas’s death extinguished
his criminal and civil liability based solely on the act complained of.