GR 205871; (September, 2016) (Digest)
G.R. No. 205871. September 28, 2016
RUEL TUANO Y HERNANDEZ, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.
FACTS
Ruel Tuano y Hernandez was convicted by the Regional Trial Court for violating the Comprehensive Dangerous Drugs Act. The Court of Appeals affirmed his conviction. On appeal, the Supreme Court initially affirmed the conviction in a June 23, 2014 Resolution. Upon Tuano’s motion for reconsideration, the Court issued a June 27, 2016 Resolution acquitting him for failure of the prosecution to prove guilt beyond reasonable doubt and ordered his immediate release. Subsequently, the Bureau of Corrections informed the Court that Tuano had already died on March 1, 2015, prior to the issuance of the acquittal. His counsel had failed to report his death to the Court as required by the Rules.
ISSUE
What is the effect of the death of an accused pending appeal on the criminal action and on a subsequent judgment of acquittal rendered without knowledge of such death?
RULING
The Supreme Court set aside its June 27, 2016 Resolution and dismissed the criminal case. The legal logic is anchored on the principle that death of the accused pending appeal extinguishes criminal liability. Under Article 89(1) of the Revised Penal Code, criminal liability is totally extinguished by the death of the convict, as to both personal and pecuniary penalties. Jurisprudence consistently holds that when an accused dies before final judgment, his criminal liability is extinguished and the pending criminal action must be dismissed. The rationale is that the state loses its right to punish, as there is no longer a defendant to stand as the accused. Since Tuano died on March 1, 2015, during the pendency of his appeal, his criminal liability was extinguished at that moment. Consequently, the criminal action could no longer proceed. The Supreme Court’s subsequent acquitting resolution, rendered without knowledge of his death, was therefore ineffectual and void. The Court also directed the counsels to show cause for their failure to report the death, as required under Rule 3, Section 16 of the Rules of Court, which imposes a duty on counsel to inform the court of a party’s death within thirty days.