Death of rape convict doesn’t clear him of civil liabilities: SC

A rape convict from Cebu City has been cleared of his criminal liability, but not before the Supreme Court resolved his appeal prior to his death in 2014.

Although the High Court terminated the late Porferio Culas’ criminal liability, the High Court ruled that a separate civil action may be enforced against the estate of the accused to pay the victim’s family.

“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,” read the SC’s First Division resolution penned by Associate Justice Estela Perlas-Bernabe.

In its resolution dated July 18, 2014, the High Court affirmed the decision of the Court of Appeals, which found Culas guilty of statutory rape.

He was sentenced to reclusion perpetua, which places a convict in prison for 20 to 40 years.

Likewise, the court ordered Culas to pay the victim Pl00,000 as civil indemnity; Pl00,000 as moral damages; Pl00,000 as exemplary damages, plus six percent interest per year from the finality of this judgment until fully paid.

Before the SC ruled on Culas’ appeal, the Bureau of Corrections informed the High Court in September 2014 that the convict died on Feb. 8, 2014.

Pursuant to Art. 89 (1) of the Revised Penal Code, the SC said that Culas’ death prior to his final conviction by the High Court renders dismissible the criminal case against him.

But Article 1157 of the Civil Code states the aggrieved party may file a separate civil action against the estate of accused.

In the resolution, the High Court terminated and closed the rape case against Culas. /

The court ordered the accused to pay the victim Pl00,000 as civil indemnity; Pl00,000 as moral damages; Pl00,000 as exemplary damages, plus six percent interest per year from the finality of this judgment until fully paid.