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GR No. 194068

2014-11-26

PEREZ, J.

In People v. Brillantes,[9] the Court, citing People v. Bayotas,[10] clarified that: 1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."

GR No. 192912

2014-10-03

PEOPLE v. DEMOCRITO PARAS

LEONARDO-DE CASTRO, J.

The Court, in People v. Bayotas,[11] enunciated the following guidelines construing the above provision in case the accused dies before final judgment: 1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."

GR No. 163879

2014-07-30

DR. ANTONIO P. CABUGAO v. PEOPLE

PERALTA, J.

While this case is pending appeal, counsel for petitioner Dr. Ynzon informed the Court that the latter died on December 23, 2011 due to "multi-organ failure" as evidenced by a copy of death certificate.[33] Thus, the effect of death, pending appeal of his conviction of petitioner Dr. Ynzon with regard to his criminal and pecuniary liabilities should be in accordance to People v. Bayotas,[34] wherein the Court laid down the rules in case the accused dies prior to final judgment: 1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."

GR No. 201860

2014-01-22

PEOPLE v. MARCELINO DADAO

LEONARDO-DE CASTRO, J.

Finally, we observe that the Court of Appeals did not rule on the effect of the death of Eddie Malogsi during the pendency of this case. Considering that no final judgment had been rendered against him at the time of his death, whether or not he was guilty of the crime charged had become irrelevant because even assuming that he did incur criminal liability and civil liability ex delicto, these were totally extinguished by his death, following Article 89(1) of the Revised Penal Code and, by analogy, our ruling in People v. Bayotas.[30] Therefore, the present criminal case should be dismissed with respect only to the deceased Eddie Malogsi.

GR No. 201447

2013-08-28

PEOPLE v. ANASTACIO AMISTOSO Y BROCA

LEONARDO-DE CASTRO, J.

In People v. Bayotas,[18] the Court laid down the rules in case the accused dies prior to final judgment:1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."

GR No. 190610

2012-04-25

PEOPLE v. SATURNINO DE LA CRUZ

PEREZ, J.

We recite the rules laid down in People v. Bayotas,[11] to wit: 1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."

GR No. 200030

2012-04-18

PEOPLE v. NELSON BAYOT Y SATINA

PEREZ, J.

Applying the foregoing provision, this Court, in People v. Bayotas,[16] which was cited in a catena of cases,[17] had laid down the following guidelines: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."

GR No. 151258

2012-02-01

ARTEMIO VILLAREAL v. PEOPLE

SERENO, J.

According to Article 89(1) of the Revised Penal Code, criminal liability for personal penalties is totally extinguished by the death of the convict. In contrast, criminal liability for pecuniary penalties is extinguished if the offender dies prior to final judgment. The term "personal penalties" refers to the service of personal or imprisonment penalties,[31] while the term "pecuniary penalties" (las pecuniarias) refers to fines and costs,[32] including civil liability predicated on the criminal offense complained of (i.e., civil liability ex delicto).[33] However, civil liability based on a source of obligation other than the delict survives the death of the accused and is recoverable through a separate civil action.[34]

GR No. 197042

2011-10-17

PEOPLE v. JULIET OLACO Y POLER

LEONARDO-DE CASTRO, J.

By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. Applying the foregoing provision, we laid down the following guidelines in People v. Bayotas[11]: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."

GR Nos. 159017-18

2011-03-09

PAULINO S. ASILO v. PEOPLE AND SPS. VISITACION AND CESAR C. BOMBASI

PEREZ, J.

We laid down the following guidelines in People v. Bayotas:[46]

GR No. 169718

2010-12-13

DANTE HERNANDEZ DATU v. PEOPLE

LEONARDO-DE CASTRO, J.

In the seminal case of People v. Bayotas,[9] we formulated the following principles which guide this Court as regards to the application of the foregoing penal provision, to wit: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."

GR No. 171268

2010-09-14

PEOPLE v. BRINGAS BUNAY Y DAM-AT

BERSAMIN, J.

obligation other than the delict survived the death of the accused, which the offended party can recover by means of a separate civil action.[6]

GR No. 175784

2010-08-25

PEOPLE v. JAIME AYOCHOK Y TAULI

LEONARDO-DE CASTRO, J.

Applying the foregoing provision, we laid down the following guidelines in People v. Bayotas[15]: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."

GR No. 186382

2010-04-05

PEOPLE v. DOMINGO PANITERCE

LEONARDO-DE CASTRO, J.

Applying the foregoing provision, we laid down the following guidelines in People v. Bayotas [13]: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."

GR No. 177361

2010-02-01

ARMANDO VIDAR v. PEOPLE

DEL CASTILLO, J.

Finally, we take note that petitioner Butalon died before final judgment. According to the written report of the Penal Superintendent,[30] Butalon died at the New Bilibid Prison Hospital on October 21, 2004. Thus, consistent with our ruling in People v. Bayotas[31] that the death of an accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon, we declare the dismissal of the petition of the late Norberto Butalon.

GR No. 177430

2009-07-14

RENE M. FRANCISCO v. PEOPLE

CHICO-NAZARIO, J.

The Court notes that accused Danilo J. Lintag died during the pendency of his appeal before the Court of Appeals. Thus, pursuant to People v. Bayotas,[67] wherein we ruled that the death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon, the appeal of the late Danilo J. Lintag before the Court of Appeals is dismissed.

GR No. 133347

2008-10-15

ABS-CBN BROADCASTING CORPORATION v. OFFICE OF OMBUDSMAN

NACHURA, J.

Our ruling on this issue need not be arduous. The rules on whether the civil liability of an accused, upon death, is extinguished together with his criminal liability, has long been clarified and settled in the case of People v. Bayotas:[14]

GR NO. 147923

2007-10-26

JIMMY T. GO v. ALBERTO T. LOOYUKO

VELASCO, JR., J.

Respondent Looyuko died on October 29, 2004. It is an established principle that the death of the accused pending final adjudication of the criminal case extinguishes the accused's criminal liability. If the civil liability directly arose from and is based solely on the offense committed, then the civil liability is also extinguished.[53]

GR No. 126515

2002-02-06

PEOPLE v. ASSEMBLYMAN ARTURO F. PACIFICADOR

PARDO, J.

At the time of the promulgation of the decision on March 7, 1996, accused Enrico Cabañero was dead. He died while in detention in San Jose, Antique.[60] Both his criminal and civil liability arising from the crime were extinguished by reason of his death.[61]

	GR No. 194068 2014-11-26	PEOPLE v. BENJIE CONSORTE Y FRANCO PEREZ, J.
In People v. Brillantes,[9] the Court, citing People v. Bayotas,[10] clarified that: 1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."
	GR No. 192912 2014-10-03	PEOPLE v. DEMOCRITO PARAS LEONARDO-DE CASTRO, J.
The Court, in People v. Bayotas,[11] enunciated the following guidelines construing the above provision in case the accused dies before final judgment: 1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."
	GR No. 163879 2014-07-30	DR. ANTONIO P. CABUGAO v. PEOPLE PERALTA, J.
While this case is pending appeal, counsel for petitioner Dr. Ynzon informed the Court that the latter died on December 23, 2011 due to "multi-organ failure" as evidenced by a copy of death certificate.[33] Thus, the effect of death, pending appeal of his conviction of petitioner Dr. Ynzon with regard to his criminal and pecuniary liabilities should be in accordance to People v. Bayotas,[34] wherein the Court laid down the rules in case the accused dies prior to final judgment: 1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."
	GR No. 201860 2014-01-22	PEOPLE v. MARCELINO DADAO LEONARDO-DE CASTRO, J.
Finally, we observe that the Court of Appeals did not rule on the effect of the death of Eddie Malogsi during the pendency of this case. Considering that no final judgment had been rendered against him at the time of his death, whether or not he was guilty of the crime charged had become irrelevant because even assuming that he did incur criminal liability and civil liability ex delicto, these were totally extinguished by his death, following Article 89(1) of the Revised Penal Code and, by analogy, our ruling in People v. Bayotas.[30] Therefore, the present criminal case should be dismissed with respect only to the deceased Eddie Malogsi.
	GR No. 201447 2013-08-28	PEOPLE v. ANASTACIO AMISTOSO Y BROCA LEONARDO-DE CASTRO, J.
In People v. Bayotas,[18] the Court laid down the rules in case the accused dies prior to final judgment:1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."
	GR No. 190610 2012-04-25	PEOPLE v. SATURNINO DE LA CRUZ PEREZ, J.
We recite the rules laid down in People v. Bayotas,[11] to wit: 1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."
	GR No. 200030 2012-04-18	PEOPLE v. NELSON BAYOT Y SATINA PEREZ, J.
Applying the foregoing provision, this Court, in People v. Bayotas,[16] which was cited in a catena of cases,[17] had laid down the following guidelines: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."
	GR No. 151258 2012-02-01	ARTEMIO VILLAREAL v. PEOPLE SERENO, J.
According to Article 89(1) of the Revised Penal Code, criminal liability for personal penalties is totally extinguished by the death of the convict. In contrast, criminal liability for pecuniary penalties is extinguished if the offender dies prior to final judgment. The term "personal penalties" refers to the service of personal or imprisonment penalties,[31] while the term "pecuniary penalties" (las pecuniarias) refers to fines and costs,[32] including civil liability predicated on the criminal offense complained of (i.e., civil liability ex delicto).[33] However, civil liability based on a source of obligation other than the delict survives the death of the accused and is recoverable through a separate civil action.[34]
	GR No. 197042 2011-10-17	PEOPLE v. JULIET OLACO Y POLER LEONARDO-DE CASTRO, J.
By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. Applying the foregoing provision, we laid down the following guidelines in People v. Bayotas[11]: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."
	GR Nos. 159017-18 2011-03-09	PAULINO S. ASILO v. PEOPLE AND SPS. VISITACION AND CESAR C. BOMBASI PEREZ, J.
We laid down the following guidelines in People v. Bayotas:[46]
	GR No. 169718 2010-12-13	DANTE HERNANDEZ DATU v. PEOPLE LEONARDO-DE CASTRO, J.
In the seminal case of People v. Bayotas,[9] we formulated the following principles which guide this Court as regards to the application of the foregoing penal provision, to wit: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."
	GR No. 171268 2010-09-14	PEOPLE v. BRINGAS BUNAY Y DAM-AT BERSAMIN, J.
obligation other than the delict survived the death of the accused, which the offended party can recover by means of a separate civil action.[6]
	GR No. 175784 2010-08-25	PEOPLE v. JAIME AYOCHOK Y TAULI LEONARDO-DE CASTRO, J.
Applying the foregoing provision, we laid down the following guidelines in People v. Bayotas[15]: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."
	GR No. 186382 2010-04-05	PEOPLE v. DOMINGO PANITERCE LEONARDO-DE CASTRO, J.
Applying the foregoing provision, we laid down the following guidelines in People v. Bayotas [13]: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."
	GR No. 177361 2010-02-01	ARMANDO VIDAR v. PEOPLE DEL CASTILLO, J.
Finally, we take note that petitioner Butalon died before final judgment. According to the written report of the Penal Superintendent,[30] Butalon died at the New Bilibid Prison Hospital on October 21, 2004. Thus, consistent with our ruling in People v. Bayotas[31] that the death of an accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon, we declare the dismissal of the petition of the late Norberto Butalon.
	GR No. 177430 2009-07-14	RENE M. FRANCISCO v. PEOPLE CHICO-NAZARIO, J.
The Court notes that accused Danilo J. Lintag died during the pendency of his appeal before the Court of Appeals. Thus, pursuant to People v. Bayotas,[67] wherein we ruled that the death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon, the appeal of the late Danilo J. Lintag before the Court of Appeals is dismissed.
	GR No. 133347 2008-10-15	ABS-CBN BROADCASTING CORPORATION v. OFFICE OF OMBUDSMAN NACHURA, J.
Our ruling on this issue need not be arduous. The rules on whether the civil liability of an accused, upon death, is extinguished together with his criminal liability, has long been clarified and settled in the case of People v. Bayotas:[14]
	GR NO. 147923 2007-10-26	JIMMY T. GO v. ALBERTO T. LOOYUKO VELASCO, JR., J.
Respondent Looyuko died on October 29, 2004. It is an established principle that the death of the accused pending final adjudication of the criminal case extinguishes the accused's criminal liability. If the civil liability directly arose from and is based solely on the offense committed, then the civil liability is also extinguished.[53]
	GR No. 126515 2002-02-06	PEOPLE v. ASSEMBLYMAN ARTURO F. PACIFICADOR PARDO, J.
At the time of the promulgation of the decision on March 7, 1996, accused Enrico Cabañero was dead. He died while in detention in San Jose, Antique.[60] Both his criminal and civil liability arising from the crime were extinguished by reason of his death.[61]

PEOPLE v. ROGELIO BAYOTAS Y CORDOVA