TOPIC: EFFECT OF DEATH OF THE ACCUSED ON THE CIVIL ACTION Case Name: ABS-CBN vs Ombudsman, Benedicto et. al.

G.R. No: 133347 Date: October 15, 2008 Ponente: Associate Justice Antonio Eduardo Nachura Location: Baguio City Plaintiff: ABS-CBN Broadcasting Corporation Respondent: Ombudsman Crimes: Execution of Deeds by means of Violence or Intimidation, Estafa, Theft, Robbery, Usurpation of Real Rights, and Other Deceits. Ombudsman Resolution: Lack probable cause ~ The SC dropped respondents Benedicto and Tan from the case due to their untimely demise during the pendency of the case; thus, this Motion for Reconsideration. Supreme Court Decision: Denied. Facts: Senator Fernandez, representing Benedicto, met with Senator Taada to discuss on how to arrive at a reasonable rental for the use of ABS-CBN stations and facilities. Thereafter, they entered into a letter-agreement with ABS-CBN. Barely two weeks from their entry into the ABS Broadcast Center, KBS personnel started making unauthorized withdrawals from the ABS Stock Room. All these withdrawals of supplies and equipment were made under the orders of Benedicto, et. al. No payment was ever made by either Benedicto for all the supplies and equipment withdrawn from the ABS Broadcast Center. Issue: Whether or not a criminal prosecution will proceed to prosecute civil liability notwithstanding the death of an accused during the pendency of the case as decided in People vs Bayotas. Ruling: Motion for Reconsideration denied. The motion contained in petitioners motion does not involve a question of law as would merit the attention of this Court sitting en banc (Petitioner filed a Motion to Refer the case to the Court en banc). Nowhere in People v. Bayotas does it state that a criminal complaint may continue and be prosecuted as an independent civil action. 1. Death of an 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. Corollarily, the claim for civil liability survives notwithstanding the death of accused, if the same may also be predicated on a source of obligation other than delict. Article 1157 of the Civil Code enumerates these other sources of obligation from which the civil liability may arise as a result of the same act or omission:

a) b) c) d) e)

Law Contracts Quasi-contracts xxx xxx xxx Quasi-delicts

3. Where the civil liability survives, as explained in Number 2 above, an action for recovery thereof may be pursued but only by filing a separate civil action and subject to Section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended. This separate civil action may be enforced either against the executor/administrator or the estate of the accused, depending on the source of obligation upon which the same is based as explained above. As regards the offenses, complained of, the Court does not find any grave abuse of discretion on the part of the Ombudsman. Petitioner has not established the element of intent to defraud and petitioners inconsistent claims defeated their complaint.