This case has been cited 2 times or more.
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2012-04-18 |
PEREZ, J. |
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| Appellant's death on 4 December 2004, during the pendency of his appeal before the Court of Appeals, extinguished not only his criminal liability for the crime of rape committed against AAA, but also his civil liability solely arising from or based on said crime.[15] | |||||
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2012-04-18 |
PEREZ, J. |
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| 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." | |||||