For Article 30: Case Number: G.R. No. L-33254
Title: The people of the Philippines versus Sendaydiego, et. al.; Province of Pangasinan versus Heirs of L. P. Sendaydiego
Note: This case digest shall focus on the civil action against the estate of L.P. Sendaydiego
Facts:
In 1969, Licero P. Sendaydiego (provincial treasurer), Juan G. Samson (employee of Carried Construction Supply Company, Dagupan City), and Anastacio Quirimit (provincial auditor) faced three cases of malversation through falsification. The cases arised from the six provincial vouchers forged in order to embezzle from the road and bridge fund amounting to PhP 57, 048.23.
The lower court found Sendaydiego and Samson guilty while Quirimit was acquitted. Sendaydiego and Samson appealed to the Supreme Court. On 05 October 1976, Sendaydiego died.
His appeal as to his criminal liability was dismissed. Death extinguished his crimina liability remained.
Issue:
Is the estate of Sendaydiego liable to pay for civil damages?
Held:
Yes. The Supreme Court issued the following ruling:
- The death of appellant Sendaydiego during the pendency of his appeal or before the judgment of conviction rendered against him by the lower court became final and executory extinguished his criminal liability meaning his obligation to serve the personal or imprisonment penalties and his liability to pay the fines or pecuniary penalties (Art. 89[1], Revised Penal Code; 1 Viada, Codigo Penal, 4th Ed., 565).
- The claim of complainant Province of Pangasinan for the civil liability survived Sendaydiego because his death occurred after final judgment was rendered by the Court of First Instance of Pangasinan, which convicted him of three complex crimes of malversation through falsification and ordered him to indemnify the Province in the total sum of P61,048.23 (should be P57,048.23).
- The civil action for the civil liability is deemed impliedly instituted with the criminal action in the absence of express waiver or its reservation in a separate action (Sec. 1, Rule 111 of the Rules of court). The civil action for the civil liability is separate and distinct from the criminal action (People and Manuel vs. Coloma, 105 Phil. 1287; Roa vs. De la Cruz, 107 Phil. 8).
- When the action is for the recovery of money and the defendant dies before final judgment in the Court of First Instance, it shall be dismissed to be prosecuted in the manner especially provided in Rule 87 of the Rules of Court (Sec. 21, Rule 3 of the Rules of Court).
- The implication is that, if the defendant dies after a money judgment had been rendered against him by the Court of First Instance, the action survives him. It may be continued on appeal (Torrijos vs. Court of Appeals, L-40336, October 24, 1975; 67 SCRA 394).
-The accountable public officer may still be civilly liable for the funds improperly disbursed although he has no criminal liability (U S. vs. Elvina, 24 Phil. 230; Philippine National Bank vs. Tugab, 66 Phil. 583).
Samson was to serve his criminal sentence.
The estate of the late Licerio P. Sendaydiego is ordered to indemnify the province of Pangasinan in the sum of P57,048.23.
Samson and the said estate are sojidarily liable for the said indemnity (Art. 110, Revised Penal Code). Samson should pay one-half of the costs.
Note: This case digest shall focus on the civil action against the estate of L.P. Sendaydiego
Facts:
In 1969, Licero P. Sendaydiego (provincial treasurer), Juan G. Samson (employee of Carried Construction Supply Company, Dagupan City), and Anastacio Quirimit (provincial auditor) faced three cases of malversation through falsification. The cases arised from the six provincial vouchers forged in order to embezzle from the road and bridge fund amounting to PhP 57, 048.23.
The lower court found Sendaydiego and Samson guilty while Quirimit was acquitted. Sendaydiego and Samson appealed to the Supreme Court. On 05 October 1976, Sendaydiego died.
His appeal as to his criminal liability was dismissed. Death extinguished his crimina liability remained.
Issue:
Is the estate of Sendaydiego liable to pay for civil damages?
Held:
Yes. The Supreme Court issued the following ruling:
- The death of appellant Sendaydiego during the pendency of his appeal or before the judgment of conviction rendered against him by the lower court became final and executory extinguished his criminal liability meaning his obligation to serve the personal or imprisonment penalties and his liability to pay the fines or pecuniary penalties (Art. 89[1], Revised Penal Code; 1 Viada, Codigo Penal, 4th Ed., 565).
- The claim of complainant Province of Pangasinan for the civil liability survived Sendaydiego because his death occurred after final judgment was rendered by the Court of First Instance of Pangasinan, which convicted him of three complex crimes of malversation through falsification and ordered him to indemnify the Province in the total sum of P61,048.23 (should be P57,048.23).
- The civil action for the civil liability is deemed impliedly instituted with the criminal action in the absence of express waiver or its reservation in a separate action (Sec. 1, Rule 111 of the Rules of court). The civil action for the civil liability is separate and distinct from the criminal action (People and Manuel vs. Coloma, 105 Phil. 1287; Roa vs. De la Cruz, 107 Phil. 8).
- When the action is for the recovery of money and the defendant dies before final judgment in the Court of First Instance, it shall be dismissed to be prosecuted in the manner especially provided in Rule 87 of the Rules of Court (Sec. 21, Rule 3 of the Rules of Court).
- The implication is that, if the defendant dies after a money judgment had been rendered against him by the Court of First Instance, the action survives him. It may be continued on appeal (Torrijos vs. Court of Appeals, L-40336, October 24, 1975; 67 SCRA 394).
-The accountable public officer may still be civilly liable for the funds improperly disbursed although he has no criminal liability (U S. vs. Elvina, 24 Phil. 230; Philippine National Bank vs. Tugab, 66 Phil. 583).
Samson was to serve his criminal sentence.
The estate of the late Licerio P. Sendaydiego is ordered to indemnify the province of Pangasinan in the sum of P57,048.23.
Samson and the said estate are sojidarily liable for the said indemnity (Art. 110, Revised Penal Code). Samson should pay one-half of the costs.
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