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    People Vs Bayotas

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    Jose Salve Cabiling
    In the case at bar, the death of Bayotas extinguished his criminal and civil liability based solely on the act of rape. Hence, his civil liability also extinguished together with his criminal liability upon his death.

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    © All Rights Reserved
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    People Vs Bayotas

    Uploaded by

    Jose Salve Cabiling
    867 views1 page
    In the case at bar, the death of Bayotas extinguished his criminal and civil liability based solely on the act of rape. Hence, his civil liability also extinguished together with his criminal liability upon his death.

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    People vs Bayotas

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    In the case at bar, the death of Bayotas extinguished his criminal and civil liability based solely on the act of rape. Hence, his civil liability also extinguished together with his criminal liability upon his death.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    867 views1 page

    People Vs Bayotas

    Uploaded by

    Jose Salve Cabiling
    In the case at bar, the death of Bayotas extinguished his criminal and civil liability based solely on the act of rape. Hence, his civil liability also extinguished together with his criminal liability upon his death.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    PEOPLE VS BAYOTAS, GR NO.

    102007

    Rogelio Bayotas y Cordova was charged with Rape and eventually convicted thereof. Pending appeal of his
    conviction, Bayotas died. Consequently, the Supreme Court dismissed the criminal aspect of the appeal.
    However, it required the Solicitor General to file its comment with regard to the civil liability of Bayotas
    arisingfromhiscommissionoftheoffensecharged.

    ISSUE:
    Whetherornotthedeathoftheaccusedpendingappealofhisconvictionextinguishhiscivilliability.

    HELD:

    Article 89 of the Revised Penal Code provides that by death of the convict personal liabilities are
    extinguished,astopecuniarypenaltiesliabilitythereforeisextinguishedonlywhenthedeathoftheoffender
    occursbeforefinaljudgment.

    Thusthecourtmadearulingasfollows:

    1. Deathoftheaccusedpendingappealofhisconvictionextinguisheshiscriminalliabilityaswellasthecivil
    liabilitybasedsolelythereon;
    2. Corollarily,theclaimforcivilliabilitysurvivesnotwithstandingthedeathoftheaccused,ifthesamemay
    also be predicatedona source ofobligation other than delict. Aricle 1157 of the Civil Code enumerates
    these other sources of obligation from which the civil liability may arise as a result of the same act or
    omission:Law,Contracts,Quasicontracts,Delicts,Quasidelicts;
    3. Where the civil liability survives, an action for recovery therefore may be pursued but only by way of
    separate civil action and may be enforced either against the executor/administrator of the estate of the
    accused,dependingonthesourceofobligationasidefromdelicts;
    4. Finally,theprivateoffendedpartyneednotfearaforfeitureofhisrighttofilethisseparatecivilactionby
    prescription,incaseswhereduringtheprosecutionofthecriminalactionandpriortoitsextinction,the
    private offended party instituted together therewith the civil action. In such case, the statute of
    limitations on the civil liability is deemed interrupted during the pendency of the criminal case,
    conformably with provisions of Article 1155 of the Civil Code, that should thereby avoid any
    apprehensiononapossibleprivationofrightbyprescription.

    Inthecaseatbar,thedeathofBayotasextinguishedhiscriminalandcivilliabilitybasedsolelyontheactofrape.
    Hence,hiscivilliabilityalsoextinguishedtogetherwithhiscriminalliabilityuponhisdeath.

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