G.R. No. 136843; September 28, 2000
PEOPLE OF THE PHILIPPINES, appellee, vs. PEDRO ABUNGAN alias “Pedring,” appellant.

FACTS

Appellant Pedro Abungan was convicted of Murder by the Regional Trial Court and sentenced to reclusion perpetua, with an order to indemnify the heirs of the victim. He filed a notice of appeal, and the case was pending before the Supreme Court for review. During the pendency of this appeal, the Bureau of Corrections informed the Court that appellant Abungan had died on July 19, 2000, at the New Bilibid Prison Hospital. This death occurred before the judgment of conviction could attain finality.

ISSUE

The sole issue is the legal effect of the appellant’s death during the pendency of his appeal on his criminal liability and the associated civil liability.

RULING

The Supreme Court ruled that the death of the appellant pending appeal extinguished both his criminal liability and his civil liability arising exclusively from the crime (civil liability ex delicto). This is grounded on Article 89(1) of the Revised Penal Code, which provides that the death of the convict extinguishes personal penalties, and pecuniary penalties are extinguished if death occurs before final judgment. Applying the doctrine established in People v. Bayotas, the Court held that death prior to final judgment terminates all criminal responsibility and the civil liability that is solely based on the offense.
Consequently, the criminal case against Abungan must be dismissed, and the appealed Decision of the trial court is set aside. The Court clarified that while civil liability from the delict is extinguished, a separate civil action against the estate of the deceased may proceed if the liability can be anchored on other sources of obligation under the Civil Code, such as law, contracts, quasi-contracts, or quasi-delicts. The dismissal is of the criminal case itself, not merely the appeal, rendering the trial court’s ineffectual.