People v. Bayotas, G.R. No.

102007, 2 September 1994

G.R. No. 102007 September 2, 1994

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
ROGELIO BAYOTAS y CORDOVA, accused-appellant.

The Solicitor General for plaintiff-appellee.

Public Attorney's Office for accused-appellant.

FACTS

 Case No. C-3217 filed before Branch 16, RTC Roxas City, Rogelio Bayotas y Cordova was charged with Rape
 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 due to cardio respiratory arrest secondary to
hepatic encephalopathy secondary to hipato carcinoma gastric malingering.
 Supreme Court in its Resolution of May 20, 1992 dismissed the criminal aspect of the appeal. However, it required the
Solicitor General to file its comment with regard to Bayotas' civil liability arising from his commission of the offense
charged.

ISSUE

 Whether or not the death of appellant Bayotas extinguished his criminal liability and the civil liability

RULLING

 Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability 
 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 Section 1, Rule 111 of the 1985 Rules on Criminal
Procedure as amended.
  file this separate civil action by prescription
 cases where during the prosecution of the criminal action and prior to its extinction, the private-offended party
instituted together therewith the civil action
 civil liability is deemed interrupted during the pendency of the criminal case, conformably with provisions of Article
1155
  the death of appellant Bayotas extinguished his criminal liability and the civil liability based solely on the act
complained 
 WHEREFORE, the appeal of the late Rogelio Bayotas is DISMISSED with costs de oficio.