Scribd Logo
Upload

Welcome to Scribd!

  • PEOPLE V CORROBELLA

    Uploaded by

    rolandodjrelucio
    6 views1 page
    The Supreme Court ruled that the death of Antonio "Pay Tonio" Corrobella, who was convicted of statutory rape but filed a motion for reconsideration of the conviction, extinguished both the criminal and civil liabilities against him. While the criminal case was dismissed due to his death, the victim can pursue a separate civil action against Corrobella's estate to recover civil damages, if allowed under the law. The death of an accused pending appeal extinguishes the criminal action and civil liability that is based on the crime, but a separate civil suit can be filed to recover civil damages if liability survives.

    Original Description:

    Remedial

    Original Title

    PEOPLE v CORROBELLA

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The Supreme Court ruled that the death of Antonio "Pay Tonio" Corrobella, who was convicted of statutory rape but filed a motion for reconsideration of the conviction, extinguished both the criminal and civil liabilities against him. While the criminal case was dismissed due to his death, the victim can pursue a separate civil action against Corrobella's estate to recover civil damages, if allowed under the law. The death of an accused pending appeal extinguishes the criminal action and civil liability that is based on the crime, but a separate civil suit can be filed to recover civil damages if liability survives.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    6 views1 page

    PEOPLE V CORROBELLA

    Uploaded by

    rolandodjrelucio
    The Supreme Court ruled that the death of Antonio "Pay Tonio" Corrobella, who was convicted of statutory rape but filed a motion for reconsideration of the conviction, extinguished both the criminal and civil liabilities against him. While the criminal case was dismissed due to his death, the victim can pursue a separate civil action against Corrobella's estate to recover civil damages, if allowed under the law. The death of an accused pending appeal extinguishes the criminal action and civil liability that is based on the crime, but a separate civil suit can be filed to recover civil damages if liability survives.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    Remedial Law

    PEOPLE OF THE PHILIPPINES v ANTONIO “PAY TONIO” CORROBELLA

    GR No. 231878 October 14, 2020, SECOND DIVISION (Perlas-Bernabe, J.)

    DOCTRINE: The death of an accused pending appeal of his conviction


    extinguishes the criminal action and ipso facto extinguishes the civil liability ex
    delicto against him. However, where the civil liability survives, an action for
    recovery may be pursued by filing a separate civil action.

    Facts: The Court rendered a decision finding Antonio “Pay Tonio” Corrobella
    guilty beyond reasonable doubt of three (3) counts of Statutory Rape. Aggrieved,
    Pay Tonio filed a motion for reconsideration. Pending resolution of the MR, the
    Court received a letter from the Bureau of Corrections notifying the Court of the
    death of Pay Tonio as evidenced by the attached Notice of Death.

    Issue: Should the criminal and civil liabilities be extinguished by Pay Tonio’s
    death?

    Ruling: Yes. Pay Tonio’s death prior to his final conviction by the Court renders
    dismissible the criminal case against him. Article 89 (1) of the Revised Penal
    Code states that criminal liability is totally extinguished by the death of the
    accused, as well as the civil liability, based solely thereon. The same provision
    also provides that where the civil liability survives, an action for recovery may
    be pursued but only by way of filing a separate civil action subject to Section 1,
    Rule 111 of the 1986 Rules of 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.

    Therefore, upon Pay Tonio’s death pending appeal of his conviction, the
    criminal action is extinguished for there is no longer a defendant to stand as
    the accused. The civil action instituted therein for the recovery of the civil
    liability ex delicto is ipso facto extinguished. However, the victim, AAA may file a
    separate civil action against the estate of Pay Tonio as may be warranted by law
    and procedural rules.

    You might also like