EFFECTS OF DEATH OF PARTY IN A CRIMINAL CASE

PEOPLE V. NELSON BAYOT y SATINA

G.R. No. 200030, April 18, 2012
Perez, J:

FACTS:

The accused Nelson Bayot y Santina was convicted by the Regional Trial Court (RTC) for a crime of rape
committed against AAA, thus sentencing him to suffer the penalty of reclusion perpetua. The appellate
court increased the award of indemnity from 40,000 to 50,000Php. It also ordered accused to pay AAA
moral damages in the amount of P 50,000. The decision was promulgated on May 9, 2006. However, in a
letter dated May 29, 2006, the Superintendent Leopando of New Bilibid Prison informed the Court of
Appelas that the appellant died at the Prison’s hospital on December 4, 2004.

ISSUE:

Is the death of the accused before the final promulgation of the decision which convicts him for rape
extinguished both his criminal and civil liability?

HELD:

YES. This is for the reason that the source of civil liability of the accused is based solely on his criminal
liability. As opined by Justice Regalado, “the death of the accused prior to final judgment terminates his
criminal liability directly arising and based solely on the offense committed. The claim for civil liability
survives notwithstanding the death of the accused if the same may also predicate on a source of
obligation other thank delict. However in this case, the claim for civil liability is attached to the criminal
liability.

In addition, par 1 of Art. 89 provides that the death of the convict extinguished the criminal liabilities
and as to pecuniary penalties liability, when the death occurs before the final judgment. Based from the
records, the judgment was promulgated only on 2006, two (2) years after the death of the accused in
2004, therefore, both his criminal and civil liability is extinguished.