CONTRIBUTOR FLORES, Precious Eureka D.

MODULE TOPIC Exempting Circumstance

CASE TITLE PEOPLE v. BAYOTAS G.R.NO 102007
.
PONENTE ROMERO, J. DATE: SEPTEMBER 2,
1994
DOCTRINE Death of the accused pending appeal of his conviction
extinguishes his criminal liability as well as the civil liability
FACTS Rogelio Bayotas was charged with Rape and was convicted of
the same crime on June 19 ,1991. Pending appeal of his
conviction, Bayotas died on February 4, 1992 due to cardio
respiratory arrest secondary to hepatic encephalopathy
secondary to hepato carcinoma gastric malingering.
Consequently, the Supreme Court 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.

The Solicitor General expressed his view that the death of

accused-appellant did not extinguish his civil liability as a result of
the commission of the offense charged.
ISSUE/S Does death of the accused pending appeal of his conviction
extinguish his civil liability?
RULING/S Article 89 of the Revised Penal Code states that:

Art. 89. How criminal liability is totally extinguished – criminal

liability is totally extinguished:

1. By the death of the convict, as to personal penalties; and

as to the pecuniary penalties liability therefor is
extinguished only when the death of the offender occurs
before final judgment;

The law is plain, statutory construction is unnecessary, Criminal

liability is extinguished. However, the civil liability poses a
problem because such liability is extinguished only when the
death of the offender occurs before final judgment. Is it final
judgment as contradistinguished from an interlocutory order or is
it a judgment which is final and executory?

Based on the legal precepts and opinions, final judgment in the

Revised Penal Code means judgment beyond recall wherein as
long as a judgment has not become executory, it cannot be
truthfully said that the defendant is definitely guilty of the felony
charged against him.

Death of the accused pending appeal of his conviction

extinguishes his criminal liability as well as the civil liability since
based on the Castillo case, the court said that the civil liability is
extinguished only when death of the accused occurred before the
final judgment.