CASE 2016-0033: PEOPLE OF THE PHILIPPINES VS. GERRY LIPATA y ORTIZA (G.R. No. 200302, 20 APRIL 2016, CARPIO, J.) (SUBJECT/S: CIVIL LIABILITY/IES IN MURDER CASES WHERE ACCUSED DIES PRIOR TO FINAL JUDGMENT) (BRIEF TITLE: PEOPLE VS. LIPATA)

 

DISPOSITIVE:

 

“WHEREFORE, we SET ASIDE the Decision promulgated on 31 May 2011 by the Court of Appeals in CA-G.R. CR-H.C. No. 04461. The criminal and civil liabilities ex delicto of appellant Gerry Lipata y Ortiza are declared EXTINGUISHED by his death prior to final judgment.

 

Let a copy, of this Decision be forwarded to the Committee on the Revision of the Rules of Court.

 

SO ORDERED.”

 

 

SUBJECTS/DOCTRINES/DIGEST:

 

We summarized our ruling in Bayotas as follows:

 

  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.”

 

  1. Corollarily, the claim for civil liability survives notwithstanding the death of accused, if the same may also be predicated on a source of obligation other than delict. Article 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: a) Law b) Contracts c) Quasi-contracts d) x x x e) Quasi-delicts

 

  1. Where the civil liability survives, as explained in Number 2 above, an action for recovery therefor 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. This separate civil action may be enforced either against the executor/administrator or the estate of the accused, depending on the source of obligation upon which the same is based as explained above.

 

  1. Finally, the private offended party need not fear a forfeiture of his right to file this separate civil action by prescription, in cases where during the prosecution of the criminal action and prior to its extinction, the privateoffended 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 apprehension on a possible deprivation of right by prescription.30 (Emphases supplied)

 

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SCD-2016-0033-LIPATA

 

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