BAGGAY, Delonix Kim Perkins D.

Criminal Law 1
2019-80114 1st year – Block 5

PEOPLE v. BAYOTAS
G.R. No. 102007
2 September 1994

ROMERO, J:
Facts:
Rogelio Bayotas y Cordova was convicted with Rape by the Regional Trial Court of
Roxas City. During the pendency of his appeal, Bayotas died at the National Bilibid Hospital.
Consequently, the Supreme Court 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 the offense charged.

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 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 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 final judgment is rendered.

Issue:
Whether or not the death of the accused while judgment of conviction is pending appeal
extinguishes both his criminal and civil penalties.
Held:
YES. Death of the accused while judgment of conviction is pending appeal extinguishes
his criminal liability as well as civil liability based thereon. Consequently, the claim for civil
liability survives notwithstanding the death of the accused, if the same may also be predicted on
sources of obligation from which the civil liability may arise as a result of the same act or
omission (e.g. law, contracts, quasi-contracts, quasi-delicts, etc.)
Where the civil liability survives, an action for recovery therefore 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.

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