GR 171268; (September, 2010) (Digest)
G.R. No. 171268; September 14, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. BRINGAS BUNAY y DAM-AT, Accused-Appellant.
FACTS
Accused-appellant Bringas Bunay y Dam-At was convicted of qualified rape by the Regional Trial Court of Luna, Apayao, which sentenced him to death and ordered him to pay civil indemnity and damages to the victim. The conviction was automatically reviewed and subsequently transferred to the Court of Appeals for intermediate review pursuant to People v. Mateo. The Court of Appeals affirmed the RTC decision in its entirety. Following the CA’s denial of his motion for reconsideration, Bunay appealed to the Supreme Court.
During the pendency of his appeal before the Supreme Court, the Court received official communication from the Bureau of Corrections advising that the accused-appellant had died on March 25, 2010, at the New Bilibid Prison Hospital. The cause of death was certified as cardio-respiratory arrest due to pneumonia. The Bureau subsequently submitted a certified true copy of his death certificate as required by the Court.
ISSUE
Whether the death of the accused-appellant during the pendency of his appeal extinguishes his criminal and civil liabilities.
RULING
Yes. The death of the accused-appellant during the pendency of his appeal totally extinguishes his criminal liability. This is based on Article 89(1) of the Revised Penal Code, which provides that criminal liability is totally extinguished by the death of the convict as to personal penalties, and as to pecuniary penalties, liability is extinguished only when death occurs before final judgment. Since the accused died before a final judgment of conviction was rendered by the Supreme Court, his criminal liability is completely extinguished.
Consequently, the civil liability arising exclusively from the crime (ex delicto) is also extinguished. The Court, citing People v. Bayotas, ruled that no final judgment of conviction existed at the time of death; therefore, the civil liability based solely on the delict does not survive. Only civil liability predicated on a source of obligation other than the crime, such as quasi-delict, contract, or law, may survive, which the offended party may pursue through a separate civil action. Accordingly, the Supreme Court dismissed the appeal and considered the criminal case closed and terminated.