TCC_COL_CaseBrief_01 Criminal Procedure 1 - Case Briefs 9

People vs Lipata, GR No. 200302, 20 April 2016

Ponente: CARPIO, J.

FACTS:
Branch 85 of the Regional Trial Court of Quezon City (RTC) found appellant Gerry Lipata guilty beyond reasonable doubt of the crime
of Murder and sentenced him to suffer the penalty of reclusion perpetua and was ordered to pay damages to the heirs of Rolando Cueno.
Lipata was charged with the crime of Murder alleging that the accused and two (2) other persons attacked, assaulted and repeatedly
stabbed Cueno which resulted to the death of the latter and damage and prejudice to the heirs of the victim, Cueno.
The accused Lipata was arraigned and entered a plea of not guilty; pre-trial conference terminated and the trial proper on the merits
ensued. The victim’s daughter and sister-in-law testified and recounted how they had witnessed the accused had attacked and killed Cueno.
The RTC noted that since appellant raised the justifying circumstance of defense of a relative, he hypothetically admitted the
commission of the crime, but failed to prove his innocence as the defense failed to establish the element of unlawful aggression on the part of
the victim. The RTC found Lipata guilty of the crime of Murder and was affirmed by the Court of Appeals.
During the pendency of the appeal, it was determined that Lipata has died months prior to the final promulgation of the final
judgement and due notice was given to the RTC with copies of the appellant's death certificate and medical certificate attached to the letter of
the Quezon City Jail Warden.

ISSUE:
Whether the criminal and civil liabilities of Gerry Lipata were extinguished upon his demise

HELD:
Yes. The death of the appellant Gerry Lipata extinguished his criminal and civil liability.
This was also supported by the High Tribunal’s ruling in People v. Bayotas, which reconciled the differing doctrines on the issue of
whether the death of the accused pending appeal of his conviction extinguishes his civil liability. It was concluded that "upon death of the
accused pending appeal of his conviction, the criminal action is extinguished inasmuch as there is no longer a defendant to stand as the
accused; the civil action instituted therein for recovery of civil liability ex delicto is ipso facto extinguished, grounded as it is on the criminal."
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
as a result of the same act or omission: a) Law b) Contracts c) Quasi-contracts d) Delicts e) Quasi-delicts.
Therefore, since the civil liability arouse from a delict and the death of Gerry Lipata extinguished his criminal and civil liability.

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