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Crim Law Case Digest

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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 Prisons 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.

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