People v.

Salazar
G.R. No. 237356 June 3, 2019
Topic: Source of Obligation
Third Division

Facts: Accused-appellant Salazar was charged of murder for the death of Navales in RTC Tagaytay
City, Cavite. RTC held Salazar guilty beyond reasonable doubt of the crime charged. Accused-
appellant Salazar appealed before the CA where the petition was denied affirming the decision of
the RTC.
Undeterred, accused-appellant Salazar filed a Notice of Appeal which was given due course
by the appellate court in a Resolution dated Nov 9, 2017. Counsel for accused-appellant Salazar filed
before the Court a Manifestation (In Lieu of Supplemental Brief) dated July 4, 2018 relaying his
intention not to file a supplemental brief since all relevant issues were already exhaustively
discussed in the Appellant's Brief. Said Manifestation was noted by the Court in its Resolution dated
Jan 23, 2019.
The Office of the Solicitor General also filed with the Court a Manifestation and Motion (In
Lieu of Supplemental Brief) dated Mar 26, 2019, stating that it would no longer file a supplemental
brief because accused-appellant Salazar's guilt and culpability had already been exhaustively
discussed in the Appellee's Brief. Before the Court could resolve accused-appellant Salazar's appeal,
it was informed by Chief Superintendent Bonifacio Lambiquit of the Bureau of Corrections, New
Bilibid Prison, Muntinlupa City, through a letter dated Apr 8, 2019, that accused-appellant Salazar
died on Oct 21, 2018 due to myocardial infraction or heart attack, as evidenced by the attached
photocopy of his death certificate.

Issue: What happens to Salazar’s liability in this case?

Ruling: Article 89. How criminal liability is totally extinguished. — Criminal liability is totally
extinguished:
1. By the death of the convict, as to the personal penalties; and as to pecuniary
penalties, liability therefore is extinguished only when the death of the offender
occurs before final judgment[.]
In People v. Bayotas , the Court thoroughly explained the effects of the death of an accused
pending appeal on his liabilities, to wit:
1. Death of the accused pending appeal of his conviction extinguishes his criminal
liability as well as the civil liability based solely thereon. As opined by Justice
Regalado, in this regard, "the death of the accused prior to final judgment
terminates his criminal liability and only the civil liability directly arising from and
based solely on the offense committed, i.e., civil liability ex delicto in senso
strictiore."
2. Corollarily, the claim for civil liability survives notwithstanding the death of
accused, if the same may also be predicated on a source of obligation other than
delict. Article 1157 of the Civil Code enumerates these other sources of obligation
from which the civil liability may arise because of the same act or omission:
a) Law
b) Contracts
c) Quasi-contracts
d) x x x
e) Quasi-delicts
3. Where the civil liability survives, as explained in Number 2 above, an action for
recovery therefor may be pursued but only by way of filing a separate civil action
 and subject to Sec. 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended.
This separate civil action may be enforced either against the executor/administrator
or the estate of the accused, depending on the source of obligation upon which the
same is based as explained above.
4. Finally, the private offended party need not fear a forfeiture of his right to file this
separate civil action by prescription, in cases where during the prosecution of the
criminal action and prior to its extinction, the private-offended party instituted
together therewith the civil action. In such case, the statute of limitations on the civil
liability is deemed interrupted during the pendency of the criminal case,
conformably with provisions of Art 1155 of the Civil Code, that should thereby avoid
any apprehension on a possible privation of right by prescription.
Upon accused-appellant Salazar's death pending appeal of his conviction, the criminal action
as well as his civil liabilities arising from the crimes allegedly committed are extinguished as there is
no longer a defendant to stand as the accused. Thus, the criminal case against accused-appellant
Salazar should be dismissed.
WHEREFORE, the Court resolves to SET ASIDE the Decision dated Sept 29, 2017 of the Court
of Appeals in CA-G.R. CR-HC No. 08095 and to DISMISS Criminal Case No. TG-5643-07 before the
Regional Trial Court of Tagaytay City, Cavite, Branch 18 by reason of the death of accused-appellant
Danilo Salazar y Leonor.