Among the world’s religions, death is a common subject. Some might consider it a mere transition to another phase of existence like re-incarnation while others treat it as the passage to the “other world”. For us Christians, we believe that when we die, the souls of the saved will go to heaven while the souls of the damned will descend to hell. In the world view of most indigenous cultures however, the dead continue their existence among the living and continue to interact with the physical world and would constantly require offerings otherwise they might be offended and cause misfortunes and disease among the living.
If the dead crosses over to the spiritual world, can they still be held liable for their indebtedness or liabilities they incurred while alive? One of my former professors asked it in a different manner: Is it not very unfair to the creditor if his debtor escapes his indebtedness by dying? But of course a person’s indebtedness can still be collected after his death. Ou Rules of Court provides for the settlement of estate and it says: “Immediately after granting letters testamentary or of administration, the court shall issue a notice requiring all persons having money claims against the decedent to file them in the office of the clerk of said court.” The creditor is not left without a remedy to recover his claim but such claim cannot go beyond the value of the estate. On the other hand, criminal liability is also an issue. Is it extinguished by death? The case of People of the Philippines vs Nelson Bayot, G.R. 200030, April 18, 2012 answers this question
Criminal and Civil Liabilities Extinguished
The sole question in this case is whether criminal and civil liabilities of the accused were all extinguished by the death of the accused. The Supreme Court declared in the positive. “Article 89 (1) of the Revised Penal Code, as amended, specifically provides the effect of death of the accused on his criminal, as well as civil, liability. It reads thus: Art. 89. How criminal liability is totally extinguished. Criminal liability is totally extinguished: (1)By death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefore is extinguished only when the death of the offender occurs before final judgment;…” The Court also said that “it is clear that the death of the accused pending appeal of his conviction extinguishes his criminal liability, as well as the civil liability ex delicto. The rationale, therefore, is that 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. Evidently, as this Court has pronounced in People v. Olaco and People v. Paniterce, it is already unnecessary to rule on appellants appeal. Appellant’s appeal was still pending and no final judgment had been rendered against him at the time of his death. Thus, whether or not appellant was guilty of the crime charged had become irrelevant because even assuming that appellant did incur criminal liability and civil liability ex delicto, these were totally extinguished by his death, following the provisions of Article 89(1) of the Revised Penal Code and this Court’s ruling in People v. Bayotas.”
