ABS-CBN Broadcasting Corporation, et al. vs. Office of the Ombudsman, et al.

G.R. No. 133347, April 23, 2010; per Nachura, J.

Facts

Senator Fernandez, representing Benedicto, met with Senator Tañada 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 No payment was ever made by either Benedicto for all the supplies and equipment withdrawn from the ABS Broadcast Center.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 the civil liability of an accused, upon death, is extinguished together with his criminal liability

Ruling

The Supreme Court ruled that ABS-CBN's insistence that the case at bench survives because the civil liability of the respondents subsists is stripped of merit.

To begin with, there is no criminal case as yet against the respondents. The Ombudsman did not find probable cause to prosecute respondents for various felonies in the RPC. As such, the rule that a civil action is deemed instituted along with the criminal action unless the offended party: (a) waives the civil action, (b) reserves the right to institute it separately, or (c) institutes the civil action prior to the criminal action,16 is not applicable.

In any event, consistent with People v. Bayotas, the death of the accused necessarily calls for the dismissal of the criminal case against him, regardless of the institution of the civil case with it. The civil action which survives the death of the accused must hinge on other sources of obligation provided in Article 1157 of the Civil Code. In such a case, a surviving civil action against the accused founded on other sources of obligation must be prosecuted in a separate civil action. In other words, civil liability based solely on the criminal action is extinguished, and a different civil action cannot be continued and prosecuted in the same criminal action.