conformably with provisions of Article 1155 of the Civil Code, that should thereby avoid any apprehension on a possible privation of right by prescription. [10] Thus, upon Layag's death pending appeal of his conviction, the criminal action is extinguished inasmuch as there is no longer a defendant to stand as the accused; the civil action instituted therein for the recovery of the civil liability ex delicto is ipso facto extinguished, grounded as it is on the criminal action. However, it is well to clarify that Layag's civil liability in connection with his acts against the victim, AAA, may be based on sources other than delicts; in which case, AAA may file a separate civil action against the estate of Layag, as may be warranted by law and procedural rules.[11] WHEREFORE, the Court resolves to: (a) SET ASIDE the Court's Resolution dated August 3, 2015 in connection with this case; (b) DISMISS Crim. Case Nos. 20079591-MK, 2007-9592-MK, 2007-9593-MK, and 2007-9594-MK before the Regional Trial Court of Marikina City, Branch 156 by reason of the death of accused-appellant Ariel Layag; and (c) DECLARE the instant case CLOSED and TERMINATED. No costs. SO ORDERED. Sereno, C.J., (Chairperson), Leonardo-De Castro, Bersamin,and Caguioa, JJ., concur. [1] See Notice signed by Division Clerk of Court Edgar O. Aricheta; rollo, pp. 44-46. Id. at 2-25. Penned by Associate Justice Romeo F. Barza with Associate Justices Hakim S. Abdulwahid and Ramon A. Cruz concurring. [2] Id. [3] at 44-45. Id. at 47-48. Signed by Deputy Clerk of Court & Chief Judicial Records Officer Basilia T. Ringol. [4] Id. at 55. Signed by New Bilibid Prison Superintendent P/Supt. II Richard W. Schwarzkopf, Jr. [5] Id. [6] [7] [8] See G.R. at No. 210972, See 56-57. March 19, 2016. id.