Lamberto Torrijos v. Court of Appeals L-40336, Oct. 24, 1975

Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Lamberto Torrijos v. Court of Appeals L-40336, Oct. 24, 1975

FACTS:

Wakat Diamnuan and his wife were the registered owners of one-fourth share of a parcel of land. On May 11, 1968, Wakat Diamnuan and his wile sold their one-fourth share in favor of petitioner Torrijos for P7,493.00.

In 1969, the entire property, together with the share of Wakat Diamnuan and his wife, was sold to Victor de Guia for P 189,379.50.  Hence, Torrijos prosecuted Wakat Diamnuan for estafa before the Baguio Court of First Instance, docketed as Criminal Case No. 70 entitled "People of the Philippines versus Wika Diamnuan."

Decision by judge: imprisonment of 3 months of arresto mayor, to pay a fine of P7,493.00 with subsidiary imprisonment, to indemnify petitioner Lamberto Torrijos in the sum of P7,493.00 and to pay the costs. 

Motion for Reconsideration  25,000 fine and indemnity 25,000.00

Motion for Reconsideration  by Diamnuan, however he died

Court of Appeals his counsel moved to dismiss the appeal under paragraph 1 of Article 89 of the Revised Penal Code, which provides that the death of a convict extinguishes, not only the personal penalties, but also the "pecuniary penalties" as long as the death occurs before final judgment.

ISSUES: Is the civil liability also extinguished? Should the case be dismissed?

HELD: The civil liability here is not extinguished, because independently of the criminal case, the accused was civilly liable to Torrijos. If after receiving the purchase price from Torrijos, he failed to deliver the property (even before selling it again to De Guia), there would as yet be no estafa, but there is no question of his civil liability thru an action by Torrijos either for specifi c performance plus damages, or rescission plus damages. Death is not a valid cause for the extinguishment of a civil obligation. Had the only basis been the commission of estafa, it is clear that the extinguishment of the criminal responsibility would also extinguish the civil liability, provided that death comes before fi nal judgment. Furthermore, under Arts. 19, 20, and 21 of the Civil Code, the accused would be civilly liable independently of the criminal liability for which he can be held liable. And this civil liability exists despite death prior to fi nal judgment or conviction. The case, therefore, cannot as yet be dismissed.

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