EN BANC

[G.R. No. 102007. September 2, 1994.]

PEOPLE OF THE PHILIPPINES , plaintiff-appellee, vs. ROGELIO

BAYOTAS Y CORDOVA , accused-appellant.

DECISION

ROMERO , J : p

In Criminal Case No. C-3217 led before Branch 16, RTC Roxas City, Rogelio Bayotas y
Cordova was charged with Rape and eventually convicted thereof on June 19, 1991 in a
decision penned by Judge Manuel E. Autajay. Pending appeal of his conviction, Bayotas
died on February 4, 1992 at the National Bilibid Hospital due to cardio respiratory arrest
secondary to hepatic encephalopathy secondary to hipato carcinoma gastric malingering.
Consequently, the Supreme Court in its Resolution of May 20, 1992 dismissed the criminal
aspect of the appeal. However, it required the Solicitor General to le its comment with
regard to Bayotas' civil liability arising from his commission of the offense charged. LibLex

In his comment, the Solicitor General expressed his view that the death of accused-
appellant did not extinguish his civil liability as a result of his commission of the offense
charged. The Solicitor General, relying on the case of People v. Sendaydiego 1 insists that
the appeal should still be resolved for the purpose of reviewing his conviction by the lower
court on which the civil liability is based.
Counsel for the accused-appellant, on the other hand, opposed the view of the Solicitor
General arguing that the death of the accused while judgment of conviction is pending
appeal extinguishes both his criminal and civil penalties. In support of his position, said
counsel invoked the ruling of the Court of Appeals in People v. Castillo and Ocfemia 2
which held that the civil obligation in a criminal case takes root in the criminal liability and,
therefore, civil liability is extinguished if accused should die before nal judgment is
rendered.
We are thus confronted with a single issue: Does death of the accused pending appeal of
his conviction extinguish his civil liability?
In the aforementioned case of People v. Castillo , this issue was settled in the a rmative.
This same issue posed therein was phrased thus: Does the death of Alfredo Castillo affect
both his criminal responsibility and his civil liability as a consequence of the alleged crime?
It resolved this issue thru the following disquisition:
"Article 89 of the Revised Penal Code is the controlling statute. It reads, in part:

'ART. 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 the pecuniary penalties liability therefor is extinguished only when the
death of the offender occurs before final judgment;
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 With reference to Castillo's criminal liability, there is no question. The law is plain.
Statutory construction is unnecessary. Said liability is extinguished.
The civil liability, however, poses a problem. Such liability is extinguished only
when the death of the offender occurs before nal judgment. Saddled upon us is
the task of ascertaining the legal import of the term ' nal judgment.' Is it nal
judgment as contradistinguished from an interlocutory order? Or, is it a judgment
which is final and executory?
We go to the genesis of the law. The legal precept contained in Article 89 of the
Revised Penal Code heretofore transcribed is lifted from Article 132 of the
Spanish El Codigo Penal de 1870 which, in part, recites:
'La responsabilidad penal se extingue.

1. Por la muerte del reo en cuanto a las penas personales

siempre, y respecto a las pecuniarias, solo cuando a su fallecimiento no
hubiere recaido sentencia firme.'

xxx xxx xxx

The code of 1870 . . . it will be observed employs the term 'sentencia rme.' What
is 'sentencia firme' under the old statute?

XXVIII Enciclopedia Juridica Española, p. 473, furnishes the ready answer: It says:

'SENTENCIA FIRME. La sentencia que adquiere la fuerza de las

de nitivas por no haberse utilizado por las partes litigates recurso alguno
contra ella dentro de los terminos y plazos legalles concedidos al efecto.'

'Sentencia rme' really should be understood as one which is de nite. Because, it

is only when judgment is such that, as Medina y Maranon puts it, the crime is
con rmed — 'en condena determinada;' or, in the words of Groizard, the guilt of
the accused becomes — 'una verdad legal.' Prior thereto, should the accused die,
according to Viada, 'no hay legalmente, en tal caso, ni reo, ni delito ni
responsibilidad criminal de ninguna clase.' And, as Judge Kapunan well
explained, when a defendant dies before judgment becomes executory, 'there
cannot be any determination by nal judgment whether or not the felony upon
which the civil action might arise exists,' for the simple reason that `there is no
party defendant.' (I Kapunan, Revised Penal Code, Annotated, p. 421. Senator
Francisco holds the same view. Francisco, Revised Penal Code, Book One, 2nd
ed., pp. 859-860).
The legal import of the term ' nal judgment' is similarly re ected in the Revised
Penal Code. Articles 72 and 78 of that legal body mention the term ' nal
judgment' in the sense that it is already enforceable. This also brings to mind
Section 7, Rule 116 of the Rules of Court which states that a judgment in a
criminal case becomes nal 'after the lapse of the period for perfecting an appeal
or when the sentence has been partially or totally satis ed or served, or the
defendant has expressly waived in writing his right to appeal.'

By fair intendment, the legal precepts and opinions here collected funnel down to
one positive conclusion: The term nal judgment employed in the Revised Penal
Code means judgment beyond recall. Really, as long as a judgment has not
become executory, it cannot be truthfully said that defendant is de nitely guilty of
the felony charged against him.

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 Not that the meaning thus given to nal judgment is without reason. For where,
as in this case, the right to institute a separate civil action is not reserved, the
decision to be rendered must, of necessity, cover 'both the criminal and the civil
aspects of the case.' People vs. Yusico (November 9, 1942), 2 O.G., No. 100, p.
964. See also: People vs. Moll, 68 Phil., 626, 634; Francisco, Criminal Procedure ,
1958 ed., Vol. I, pp. 234, 236. Correctly, Judge Kapunan observed that as 'the civil
action is based solely on the felony committed and of which the offender might
be found guilty, the death of the offender extinguishes the civil liability.' I
Kapunan, Revised Penal Code, Annotated, supra.

Here is the situation obtaining in the present case: Castillo's criminal liability is
out. His civil liability is sought to be enforced by reason of that criminal liability.
But then, if we dismiss, as we must, the criminal action and let the civil aspect
remain, we will be faced with the anomalous situation whereby we will be called
upon to clamp civil liability in a case where the source thereof — criminal liability
— does not exist. And, as was well stated in Bautista, et al. vs. Estrella, et al., CA-
G.R. No. 19226-R, September 1, 1958, 'no party can be found and held criminally
liable in a civil suit,' which solely would remain if we are to divorce it from the
criminal proceeding."

This ruling of the Court of Appeals in the Castillo case 3 was adopted by the Supreme
Court in the cases of People of the Philippines v. Bonifacio Alison, et al., 4 People of the
Philippines v. Jaime Jose, et al . 5 and People of the Philippines v. Satorre 6 by dismissing
the appeal in view of the death of the accused pending appeal of said cases. prLL

As held by then Supreme Court Justice Fernando in the Alison case:

"The death of accused-appellant Bonifacio Alison having been established, and
considering that there is as yet no nal judgment in view of the pendency of the
appeal, the criminal and civil liability of the said accused-appellant Alison was
extinguished by his death (Art. 89, Revised Penal Code; Reyes' Criminal Law, 1971
Rev. Ed., p. 717, citing People v. Castillo and Ofemia C.A., 56 O.G. 4045);
consequently, the case against him should be dismissed."

On the other hand, this Court in the subsequent cases of Buenaventura Belamala v.
Marcelino Polinar 7 a n d Lamberto Torrijos v. The Honorable Court of Appeals 8 ruled
differently. In the former, the issue decided by this court was: Whether the civil liability of
one accused of physical injuries who died before nal judgment is extinguished by his
demise to the extent of barring any claim therefor against his estate. It was the contention
of the administrator-appellant therein that the death of the accused prior to the nal
judgment extinguished all criminal and civil liabilities resulting from the offense, in view of
Article 89, paragraph 1 of the Revised Penal Code. However, this court ruled therein:
"We see no merit in the plea that the civil liability has been extinguished, in view of
the provisions of the Civil Code of the Philippines of 1950 (Rep. Act No. 386) that
became operative eighteen years after the revised Penal Code. As pointed out by
the Court below, Article 33 of the Civil Code establishes a civil action for damages
on account of physical injuries, entirely separate and distinct from the criminal
action.
'ART. 33. In cases of defamation, fraud, and physical injuries, a
civil action for damages, entirely separate and distinct from the criminal
action, may be brought by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall require only a
preponderance of evidence.'
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 Assuming that for lack of express reservation, Belamala's civil action for
damages was to be considered instituted together with the criminal action still,
since both proceedings were terminated without nal adjudication, the civil action
of the offended party under Article 33 may yet be enforced separately."

In Torrijos, the Supreme Court held that:

"xxx xxx xxx

It should be stressed that the extinction of civil liability follows the extinction of
the criminal liability under Article 89, only when the civil liability arises from the
criminal act as its only basis. Stated differently, where the civil liability does not
exist independently of the criminal responsibility, the extinction of the latter by
death, ipso facto extinguishes the former, provided, of course, that death
supervenes before nal judgment. The said principle does not apply in instant
case wherein the civil liability springs neither solely nor originally from the crime
itself but from a civil contract of purchase and sale. (Emphasis ours)
xxx xxx xxx"

In the above case, the court was convinced that the civil liability of the accused who
was charged with estafa could likewise trace its genesis to Articles 19, 20 and 21 of
the Civil Code since said accused had swindled the rst and second vendees of the
property subject matter of the contract of sale. It therefore concluded: "Consequently,
while the death of the accused herein extinguished his criminal liability including fine, his
civil liability based on the laws of human relations remains." LibLex

Thus it allowed the appeal to proceed with respect to the civil liability of the accused,
notwithstanding the extinction of his criminal liability due to his death pending appeal of
his conviction.
To further justify its decision to allow the civil liability to survive, the court relied on the
following ratiocination: Since Section 21, Rule 3 of the Rules of Court 9 requires the
dismissal of all money claims against the defendant whose death occurred prior to the
nal judgment of the Court of First Instance (CFI), then it can be inferred that actions for
recovery of money may continue to be heard on appeal, when the death of the defendant
supervenes after the CFI had rendered its judgment. In such case, explained this tribunal,
"the name of the offended party shall be included in the title of the case as plaintiff-
appellee and the legal representative or the heirs of the deceased-accused should be
substituted as defendants-appellants."
It is, thus, evident that as jurisprudence evolved from Castillo to Torrijos, the rule
established was that the survival of the civil liability depends on whether the same can be
predicated on sources of obligations other than delict. Stated differently, the claim for civil
liability is also extinguished together with the criminal action if it were solely based
thereon, i.e., civil liability ex delicto.
However, the Supreme Court in People v. Sendaydiego, et al . 1 0 departed from this long-
established principle of law. In this case, accused Sendaydiego was charged with and
convicted by the lower court of malversation thru falsi cation of public documents.
Sendaydiego's death supervened during the pendency of the appeal of his conviction.
This court in an unprecedented move resolved to dismiss Sendaydiego's appeal but only
to the extent of his criminal liability. His civil liability was allowed to survive although it was
clear that such claim thereon was exclusively dependent on the criminal action already
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 extinguished. The legal import of such decision was for the court to continue exercising
appellate jurisdiction over the entire appeal, passing upon the correctness of
Sendaydiego's conviction despite dismissal of the criminal action, for the purpose of
determining if he is civilly liable. In doing so, this Court issued a Resolution of July 8, 1977
stating thus: LLjur

"The claim of complainant Province of Pangasinan for the civil liability survived
Sendaydiego because his death occurred after nal judgment was rendered by
the Court of First Instance of Pangasinan, which convicted him of three complex
crimes of malversation through falsi cation and ordered him to indemnify the
Province in the total sum of P61,048.23 (should be P57,048.23).
The civil action for the civil liability is deemed impliedly instituted with the
criminal action in the absence of express waiver or its reservation in a separate
action (Sec. 1, Rule 111 of the Rules of Court). The civil action for the civil liability
is separate and distinct from the criminal action (People and Manuel vs. Coloma,
105 Phil. 1287; Roa vs. De la Cruz, 107 Phil. 8).

When the action is for the recovery of money and the defendant dies before nal
judgment in the Court of First Instance, it shall be dismissed to be prosecuted in
the manner especially provided in Rule 87 of the Rules of Court (Sec. 21, Rule 3 of
the Rules of Court).
The implication is that, if the defendant dies after a money judgment had been
rendered against him by the Court of First Instance, the action survives him. It
may be continued on appeal (Torrijos vs. Court of Appeals, L-40336, October 24,
1975; 67 SCRA 394).
The accountable public o cer may still be civilly liable for the funds improperly
disbursed although he has no criminal liability (U.S. vs. Elvina, 24 Phil. 230;
Philippine National Bank vs. Tugab, 66 Phil. 583).
In view of the foregoing, notwithstanding the dismissal of the appeal of the
deceased Sendaydiego insofar as his criminal liability is concerned, the Court
Resolved to continue exercising appellate jurisdiction over his possible civil
liability for the money claims of the Province of Pangasinan arising from the
alleged criminal acts complained of, as if no criminal case had been instituted
against him, thus making applicable, in determining the civil liability, Article 30 of
the Civil Code . . . and, for that purpose, his counsel is directed to inform this Court
within ten (10) days of the names and addresses of the decedent's heirs or
whether or not his estate is under administration and has a duly appointed
judicial administrator. Said heirs or administrator will be substituted for the
deceased insofar as the civil action for the civil liability is concerned (Secs. 16
and 17, Rule 3, Rules of Court)."

Succeeding cases 1 1 raising the identical issue have maintained adherence to our ruling in
Sendaydiego; in other words, they were a rea rmance of our abandonment of the settled
rule that a civil liability solely anchored on the criminal (civil liability ex delicto) is
extinguished upon dismissal of the entire appeal due to the demise of the accused. prcd

But was it judicious to have abandoned this old ruling? A re-examination of our decision in
Sendaydiego impels us to revert to the old ruling.
To restate our resolution of July 8, 1977 in Sendaydiego: The resolution of the civil action
impliedly instituted in the criminal action can proceed irrespective of the latter's extinction
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 due to death of the accused pending appeal of his conviction, pursuant to Article 30 of the
Civil Code and Section 21, Rule 3 of the Revised Rules of Court.
Article 30 of the Civil Code provides:
"When a separate civil action is brought to demand civil liability arising from a
criminal offense, and no criminal proceedings are instituted during the pendency
of the civil case, a preponderance of evidence shall likewise be su cient to prove
the act complained of."

Clearly, the text of Article 30 could not possibly lend support to the ruling in Sendaydiego.
Nowhere in its text is there a grant of authority to continue exercising appellate jurisdiction
over the accused's civil liability ex delicto when his death supervenes during appeal. What
Article 30 recognizes is an alternative and separate civil action which may be brought to
demand civil liability arising from a criminal offense independently of any criminal action. In
the event that no criminal proceedings are instituted during the pendency of said civil case,
the quantum of evidence needed to prove the criminal act will have to be that which is
compatible with civil liability and that is, preponderance of evidence and not proof of guilt
beyond reasonable doubt. Citing or invoking Article 30 to justify the survival of the civil
action despite extinction of the criminal would in effect merely beg the question of
whether civil liability ex delicto survives upon extinction of the criminal action due to death
of the accused during appeal of his conviction. This is because whether asserted in the
criminal action or in a separate civil action, civil liability ex delicto is extinguished by the
death of the accused while his conviction is on appeal. Article 89 of the Revised Penal
Code is clear on this matter: prcd

"Art. 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 therefor is extinguished only when the death of the
offender occurs before final judgment;

xxx xxx xxx"

However, the ruling in Sendaydiego deviated from the expressed intent of Article 89. It
allowed claims for civil liability ex delicto to survive by ipso facto treating the civil action
impliedly instituted with the criminal, as one led under Article 30, as though no criminal
proceedings had been led but merely a separate civil action. This had the effect of
converting such claims from one which is dependent on the outcome of the criminal action
to an entirely new and separate one, the prosecution of which does not even necessitate
the ling of criminal proceedings. 1 2 One would be hard put to pinpoint the statutory
authority for such a transformation. It is to be borne in mind that in recovering civil liability
ex delicto, the same has perforce to be determined in the criminal action, rooted as it is in
the court's pronouncement of the guilt or innocence of the accused. This is but to render
fealty to the intendment of Article 100 of the Revised Penal Code which provides that
"every person criminally liable for a felony is also civilly liable." In such cases, extinction of
the criminal action due to death of the accused pending appeal inevitably signi es the
concomitant extinction of the civil liability. Mors Omnia Solvi. Death dissolves all things.
In sum, in pursuing recovery of civil liability arising from crime, the nal determination of
the criminal liability is a condition precedent to the prosecution of the civil action, such that
when the criminal action is extinguished by the demise of accused-appellant pending
appeal thereof, said civil action cannot survive. The claim for civil liability springs out of
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 and is dependent upon facts which, if true, would constitute a crime. Such civil liability is an
inevitable consequence of the criminal liability and is to be declared and enforced in the
criminal proceeding. This is to be distinguished from that which is contemplated under
Article 30 of the Civil Code which refers to the institution of a separate civil action that
does not draw its life from a criminal proceeding. The Sendaydiego resolution of July 8,
1977, however, failed to take note of this fundamental distinction when it allowed the
survival of the civil action for the recovery of civil liability ex delicto by treating the same as
a separate civil action referred to under Article 30. Surely, it will take more than just a
summary judicial pronouncement to authorize the conversion of said civil action to an
independent one such as that contemplated under Article 30. llcd

Ironically however, the main decision in Sendaydiego did not apply Article 30, the
resolution of July 8, 1977 notwithstanding. Thus, it was held in the main decision:
"Sendaydiego's appeal will be resolved only for the purpose of showing his
criminal liability which is the basis of the civil liability for which his estate would
be liable." 1 3

In other words, the Court, in resolving the issue of his civil liability, concomitantly made
a determination on whether Sendaydiego, on the basis of evidenced adduced, was
indeed guilty beyond reasonable doubt of committing the offense charged. Thus, it
upheld Sendaydiego's conviction and pronounced the same as the source of his civil
liability. Consequently, although Article 30 was not applied in the nal determination of
Sendaydiego's civil liability, there was a reopening of the criminal action already
extinguished which served as basis for Sendaydiego's civil liability. We reiterate: 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.
Section 21, Rule 3 of the Rules of Court was also invoked to serve as another basis for the
Sendaydiego resolution of July 8, 1977. In citing Sec. 21, Rule 3 of the Rules of Court, the
Court made in the inference that civil actions of the type involved in Sendaydiego consist
of money claims, the recovery of which may be continued on appeal if defendant dies
pending appeal of his conviction by holding his estate liable therefor. Hence, the Court's
conclusion: prcd

"'When the action is for the recovery of money' 'and the defendant dies before
final judgment in the court of First Instance, it shall be dismissed to be prosecuted
in the manner especially provided' in Rule 87 of the Rules of Court (Sec. 21, Rule 3
of the Rules of Court).
The implication is that, if the defendant dies after a money judgment had been
rendered against him by the Court of First Instance, the action survives him. It
may be continued on appeal."

Sadly, reliance on this provision of law is misplaced. From the standpoint of procedural
law, this course taken in Sendaydiego cannot be sanctioned. As correctly observed by
Justice Regalado:
"xxx xxx xxx
I do not, however, agree with the justi cation advanced in both Torrijos and
Sendaydiego which, relying on the provisions of Section 21, Rule 3 of the Rules of
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 Court, drew the strained implication therefrom that where the civil liability
instituted together with the criminal liabilities had already passed beyond the
judgment of the then Court of First Instance (now the Regional Trial Court), the
Court of Appeals can continue to exercise appellate jurisdiction thereover despite
the extinguishment of the component criminal liability of the deceased. This
pronouncement, which has been followed in the Court's judgments subsequent
and consonant to Torrijos and Sendaydiego, should be set aside and abandoned
as being clearly erroneous and unjustifiable.
Said Section 21 of Rule 3 is a rule of civil procedure in ordinary civil actions.
There is neither authority nor justi cation for its application in criminal procedure
to civil actions. Nor is there any authority in law for the summary conversion from
the latter category of an ordinary civil action upon the death of the offender. . . ."

Moreover, the civil action impliedly instituted in a criminal proceeding for recovery of civil
liability ex delicto can hardly be categorized as an ordinary money claim such as that
referred to in Sec. 21, Rule 3 enforceable before the estate of the deceased accused.
Ordinary money claims referred to in Section 21, Rule 3 must be viewed in light of the
provisions of Section 5, Rule 86 involving claims against the estate, which in Sendaydiego
was held liable for Sendaydiego's civil liability. "What are contemplated in Section 21 of
Rule 3, in relation to Section 5 of Rule 86, 1 4 are contractual money claims while the claims
involved in civil liability ex delicto may include even the restitution of personal or real
property." 1 5 Section 5, Rule 86 provides an exclusive enumeration of what claims may be
led against the estate. These are: funeral expenses, expenses for the last illness,
judgments for money and claim arising from contracts, expressed or implied. It is clear
that money claims arising from delict do not form part of this exclusive enumeration.
Hence, there could be no legal basis in (1) treating a civil action ex delicto as an ordinary
contractual money claim referred to in Section 21, Rule 3 of the Rules of Court and (2)
allowing it to survive by ling a claim therefor before the estate of the deceased accused.
Rather, it should be extinguished upon extinction of the criminal action engendered by the
death of the accused pending finality of his conviction. LLjur

Accordingly, we rule: if the private offended party, upon extinction of the civil liability ex
delicto desires to recover damages from the same act or omission complained of, he
must subject to Section 1, Rule 111 1 6 (1985 Rules on Criminal Procedure as amended) file
a separate civil action, this time predicated not on the felony previously charged but on
other sources of obligation. The source of obligation upon which the separate action is
premised determines against whom the same shall be enforced.
If the same act or omission complained of also arises from quasi-delict or may, by
provision of law, result in an injury to person or property (real or personal), the separate
civil action must be led against the executor or administrator 1 7 of the estate of the
accused pursuant to Sec. 1, Rule 87 of the Rules of Court:
"SECTION 1. Actions which may and which may not be brought against
executor or administrator. — No action upon a claim for the recovery of money or
debt or interest thereon shall be commenced against the executor or
administrator; but actions to recover real or personal property, or an interest
therein, from the estate, or to enforce a lien thereon, and actions to recover
damages for an injury to person or property, real or personal , may be commenced
against him."

This is in consonance with our ruling in Belamala 18 where we held that, in recovering
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 damages for injury to persons thru an independent civil action based on Article 33 of the
Civil Code, the same must be led against the executor or administrator of the estate of
deceased accused and not against the estate under Sec. 5, Rule 86 because this rule
explicitly limits the claim to those for funeral expenses, expenses for the last sickness of
the decedent, judgment for money and claims arising from contract, express or implied.
Contractual money claims, we stressed, refers only to purely personal obligations other
than those which have their source in delict or tort.
Conversely, if the same act or omission complained of also arises from contract, the
separate civil action must be led against the estate of the accused, pursuant to Sec. 5,
Rule 86 of the Rules of Court. cdrep

From this lengthy disquisition, we summarize our ruling herein:

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 nal 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. 1 9 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 2 0
b) Contracts
c) Quasi-contracts
d) ...
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 ling a separate civil action and
subject to Section 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. Cdpr

4. Finally, the private offended party need not fear a forfeiture of his right to le 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
Article 1155 2 1 of the Civil Code, that should thereby avoid any apprehension on a possible
privation of right by prescription. 2 2
Applying this set of rules to the case at bench, we hold that the death of appellant Bayotas
extinguished his criminal liability and the civil liability based solely on the act complained
of, i.e., rape. Consequently, the appeal is hereby dismissed without qualification.
WHEREFORE, the appeal of the late Rogelio Bayotas is DISMISSED with costs de oficio.
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 SO ORDERED.
Narvasa, C.J., Feliciano, Padilla, Bidin, Regalado, Davide, Jr., Bellosillo, Melo, Quiason, Puno,
Vitug, Kapunan and Mendoza, JJ., concur.
Cruz, J., is on leave.

Footnotes

1. Nos. L-33252, L-33253 and L-33254, 81 SCRA 120.

2. No. 22211-R, November 4, 1959, 56 O.G. No. 23, p. 4045.

3. supra.
4. L-30612, April 27, 1972, 44 SCRA 523.
5. No. L-28397, June 17, 1976, 71 SCRA 273.

6. No. L-26282, August 27, 1976, 72 SCRA 439.

7. No. L-24098, November 18, 1967, 21 SCRA 970.
8. No. L-40336, October 24, 1975, 67 SCRA 394.
9 "Section 21. Where claim does not survive. — When the action is for recovery of
money, debt or interest thereon,, and the defendant dies before final judgment in the
Court of First Instance, it shall be dismissed to be prosecuted in the manner especially
provided in these rules."

10. Supra.
11. People v. Badeo, G.R. No. 72990, November 21, 1991, 204 SCRA 122; Petralba v.
Sandiganbayan, G.R No. 81337, August 16, 1991, 200 SCRA 644; Dumlao v. Court of
Appeals, No. L-51625, October 5, 1988, 166 SCRA 269; Rufo Mauricio Construction v.
Intermediate Appellate Court, No. L-75357, November 27, 1987, 155 SCRA 712; People v.
Salcedo, No. L-48642, June 22, 1987, 151 SCRA 220; People v. Pancho, No. L-32507,
November 4, 1986, 145 SCRA 323; People v. Navoa, No. L-67966, September 28, 1984,
132 SCRA 410; People v. Asibar, No. L-37255, October 23, 1982, 117 SCRA 856; People v.
Tirol, No. L-30538, January 31, 1981, 102 SCRA 558; and People v. Llamoso, No. L-
24866, July 13, 1979, 91 SCRA 364.
12. Justice Barredo in his concurring opinion observed that:
". . . this provision contemplates prosecution of the civil liability arising from a
criminal offense without the need of any criminal proceeding to prove the commission
of the crime as such, that is without having to prove the criminal liability of the
defendant so long as his act causing damage or prejudice to the offended party is
proven by preponderance of evidence."
13. Supra, p. 134.
14. SEC. 5. Claims which must be filed under the notice. If not filed, barred; exceptions.
— All claims for money against the decedent, arising from contract, express or implied,
whether the same be due, not due, or contingent, all claims for funeral expenses and
expenses for the last sickness of the decedent, and judgment for money against the
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 decedent, must be filed within the time limited in the notice; otherwise they are barred
forever, except that they may be set forth as counterclaims in any action that the
executor or administrator may bring against the claimants. Where an executor or
administrator commences an action, or prosecutes an action already commenced by the
deceased in his lifetime, the debtor may set forth by answer the claims he has against
the decedent, instead of presenting them independently to the court as herein provided,
and mutual claims may be set off against each other in such action; and if final
judgment is rendered in favor of the defendant, the amount so determined shall be
considered the true balance against the estate, as though the claim had been presented
directly before the court in the administration proceedings. Claims not yet due, or
contingent, may be approved at their present value.
15. As explained by J. Regalado in the deliberation of this case.
16. SECTION 1. Institute of criminal and civil actions. — When a criminal action is
instituted, the civil action for the recovery of civil liability is impliedly instituted with the
criminal action, unless the offended party waives the civil action, reserves his right to
institute it separately, or institutes the civil action prior to the criminal action.

Such civil action includes recovery of indemnity under the Revised Penal Code, and
damages under Article 32, 33, 34 and 2176 of the Civil Code of the Philippines arising
from the same act or omission of the accused.
A waiver of any of the civil actions extinguishes the others. The institution of, or the
reservation of the right to file, any of said civil actions separately waives the others.

The reservation of the right to institute the separate civil actions shall be made before
the prosecution starts to present its evidence and under circumstances affording the
offended party a reasonable opportunity to make such reservation.

In no case may the offended party recover damages twice for the same act or
omission of the accused.
When the offended party seeks to enforce civil liability against the accused by way of
moral, nominal, temperate or exemplary damages, the filing fees for such civil action as
provided in these Rules shall constitute a first lien on the judgment except in an award
for actual damages.

In cases wherein the amount of damages, other than actual, is alleged in the
complaint or information, the corresponding filing fees shall be paid by the offended
party upon the filing thereof in court for trial.

17. Justice Regalado cited the Court's ruling in Belamala that since the damages sought,
as a result of the felony committed amounts to injury to person or property, real or
personal, the civil liability to be recovered must be claimed against the
executor/administrator and not against the estate.

18. Ibid.

19. Justice Vitug who holds a similar view stated: "The civil liability may still be pursued in
a separate civil action but it must be predicated on a source of obligation other than
delict, except when by statutory provision an independent civil action is authorized such
as, to exemplify, in the instance enumerated in Article 33 of the Civil Code." Justice
Regalado stressed that:

"Conversely, such civil liability is not extinguished and survives the deceased offender
where it also arises simultaneously from or exists as a consequence or by reason of a
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 contract, as in Torrijos; or from law, as stated in Torrijos and in the concurring opinion in
Sendaydiego, such as in reference to the Civil Code; or from a quasi-contract; or is
authorized by law to be pursued in an independent civil action, as in Belamala. Indeed,
without, these exceptions, it would be unfair and inequitable to deprive the victim of his
property or recovery of damages therefor, as would have been the fate of the second
vendee in Torrijos or the provincial government in Sendaydiego."

20. See Articles 19, 20, 21, 31, 32, 33, 34, 2176 of the Civil Code; see related provisions of
the Rules on Criminal Procedure, as amended, particularly Sec. 1, Rule 111.

21. ART. 1155. The prescription of actions is interrupted when they are filed before the
court, when there is a written extrajudicial demand by the creditors, and when there is
any written acknowledgement of the debt by the debtor.

22. As explained by J. Vitug in the deliberation of this case.

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