GR No 139930

Republic of the Philippines vs Eduardo Cojuangco, Jr., et al

GR No 139930        April 17, 2006

Facts:

Respondent Lobregat, together with the other respondents, was charged with the violation of Section 3 of RA No 3019 in the Office of the Ombudsman in her capacity as a member of the Board of Directors of the UCPB and UNICOM allegedly because these transactions allowed the other respondents unwarranted benefits and were grossly disadvantageous to the government.

During the pendency of this case, however, Lobregat died due to multi-organ failure. Counsel moved for the dismissal of the case on the ground that the death of Lobregat extinguishes both her criminal as well as civil liability based solely on the act complained of.

OSG opposed the motion on the ground that said death does not extinguish her civil liability because the same is not solely based on the offense committed. It maintained, under Bayotas rule, that while respondent’s death extinguishes her criminal liability, the same cannot be made to apply with regard to her civil liability. As a director of UCPB and UNICOM, she had duties and liabilities under the law and in accordance with her employment contract.

The heirs of the respondent counter that the same could not be applied in the present case because herein respondent was a mere respondent in a complaint which the Office of the Ombudsman had dismissed. They explained that even assuming Bayotas rule applies, the death of respondent extinguished her civil liability, if any, since the same could only be based on delict.

Issue:

          WON the civil liability of accused be extinguished upon her death.

Held:

         Yes. Paragraph 1 of Article 89 of the RPC specifically provides that one of the grounds for the total extinguishment of criminal, as well as civil liability, if any, is the death of a party to the case.

In the present case, the death of respondent Lobregat, which occurred during the pendency of the case and before final judgment is rendered, extinguishes whatever criminal liability she might be held responsible for as the same is purely personal to her. Consequently, the civil liability arising from whatever criminal liability may be adjudged against her is perforce extinguished.