SAAVEDRA, Charles Mathew, R.

/ Obligations and Contracts March 25, 2023

BUENAVENTURA BELAMALA, Petitioner-Appelle v. MARCELINO POLINAR,

administrator, Oppositor-Appellant
(G.R. No. L-24098, Nov. 18, 1967)

Facts:
An appeal from the judgment of the Court of First Instance allowing a money claim of
appellee Buenaventura Belamala against the estate of the deceased Mauricio
Polinar, for damages caused to the claimant. The claimant Buenaventura Belamala
is the same offended party in Criminal Case No. 1922 against the same Mauricio
Polinar for Frustrated Murder; the Court of First Instance of Bohol rendered a
decision thereof, convicting the said Mauricio Polinar of the crime of serious physical
injuries and sentenced him to pay the offended party Buenaventura Belamala.
Mauricio Polinar appealed. However, when the appeal was pending before the Court
of Appeals, he died; and no Notice or Notification of his death has ever been filed in
the said Court of Appeals. The Court of Appeals then affirmed the decision of the
Court of the First Instance. The appellant contended that the claim should have been
separate action against the administrator, and not be enforced by filing a claim
against the estate.

Issue:
Whether or not the civil liability of an accused of physical injuries who dies before
final judgment, is extinguished by his demise, to the extent of barring any claim
therefore against his estate.

Ruling:
No. His civil liability is not extinguished. In Art. 33 of the Civil Code, in case of
defamation, fraud, and physical injury, the injured party may file a civil action for
damages that is separate and distinct from the criminal action. Under Article 108, the
obligation of the offender’s heirs has become the obligation of the offender’s estates,
however, the liability cannot exceed the value of the inheritance (Civil Code, Art.
774). Incidentally, as already said, the remedy is an action against the administrator
and not merely a claim against the estate. Since the claim is to recover damages for
an injury to a person or property (hence, extra-contractual as it arose from either a
crime or a tort). Buenaventura Belamala’s damages manifestly have a tortious origin.
“Wherefore, the decision under appeal is hereby reversed and set aside, but without
prejudice to the action of appellee Belamala against the Administrator of the Estate
of Mauricio Polinar. No costs. So ordered.”