FACTS: Accused-appellant Gregorio Sumaya y Dalogdog was charged with rape and attempted rape in four (4) separate informations before the RTC of Iligan City. During the pendency of the appeal, accused-appellant died of cardio-pulmonary arrest at the San Ramon Prison and Penal Farm in Zamboanga City, where he was detained. plaintiff-appellee filed its comment citing the ruling in People vs. Sendaydiego and urging that while the death of accused-appellant extinguished his criminal liability, the civil liability remains.
ISSUE/HELD:WON the civil liability of the accuse was extinguish by his death. AFFIRMATIVE
RATIO DICIDENDI:
In the recent ruling laid down in People vs. Rogelio Bayotas, this Court held: ". . . Upon the death of the accused pending appeal of his conviction, 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." The present case deals with civil liability ex delicto, that is, civil liability arising from the offenses charged in the criminal cases. The records do not disclose any civil liability of the accused-appellant possibly arising from other sources such as contract, quasi-contract, quasi-delict or law. Consequently, we see no further need to discuss the merits of the appeal.
The present case deals with civil liability ex delicto, that is, civil liability arising from the offenses charged in the criminal cases. The records do not disclose any civil liability of the accused-appellant possibly arising from other sources such as contract, quasi-contract, quasi-delicit or law. Consequently, we see no further need to discuss the merits of the appeal.
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