Effect of Death on the Civil Action

(Section 4, Rule 111)

 After arraignment and During the pendency of the criminal

action
- Extinguishes the civil liability arising from the delict

 Before arraignment
- The case shall be dismissed without prejudice to any civil action
the offended party may file against the estate of the deceased.

 Prior to final judgment

- Terminates his criminal liability and only the civil liability directly
arising from and based solely on the offense committed.

 During the pendency of his appeal with the Supreme Court

- Totally extinguishes his criminal liability (Art 89 of the RPC)
- Extinguishes civil liability based exclusively on the crime for which
the accused was convicted (ex delicto)
Reason: No final judgment of conviction was yet rendered by the
time of his death.

 Sources of obligation (other than delict)

1. Law
2. Contract
3. Quasi-contract
4. Quasi-delict

 Where civil liability survives, an action for recovery may be pursued

by way of filing a separate civil action.

 Rule 3 (Parties to Civil Actions) of the Rules of Civil Procedure

 Section 17. Death or separation of a party who is a public officer
 Section 18. Incompetency or incapacity
 Section 20. Action and contractual money claims

 People vs Romero, 306 SCRA 90

- Accused fraudulently represented to complainant that his
investment with corporation would have an 800% return in 15 or 21
days. Failure to cover the amount of the check within three days
after notice creates a rebuttable presumption of fraud
- An appeal of accused Martin L. Romero and Ernesto C. Rodriguez
from the Joint Judgment1 of the Regional Trial Court, Branch 2,
Butuan City, convicting each of them of estafa under Article 315,
par. 2 (d) of the Revised Penal Code, in relation to Presidential
Decree No. 1689, for widescale swindling.
- On March 31, 1993, accused filed their notice of appeal, which the
trial court gave due course. The Court ordered the accused to file
their appellants' brief.
- During the pendency of the appeal, on November 12, 1997, accused
Ernesto Rodriguez died. As a consequence of his death before final
judgment, his criminal and civil liability ex delicto, were
extinguished.
- The Court notes that one of the accused-appellants, Ernesto
Rodriguez, died pending appeal. Pursuant to the doctrine
established in People vs. Bayotas, the death of the accused pending
appeal of his conviction extinguishes his criminal liability as well as
the civil liability ex delicto. The criminal action is extinguished
inasmuch as there is no longer a defendant to stand as the accused,
the civil action instituted therein for recovery of civil liability ex
delicto is ipso facto extinguished, grounded as it is on the criminal
case. Corollarily, the claim for civil liability survives notwithstanding
the death of the accused, if the same may also be predicted on a
source of obligation other than delicit.
- Thus, the outcome of this appeal pertains only remaining accused-
appellant, Martin L. Romero.