G.R. No. 194068 , November 26, 2014.
People of the Philippines, Plaintiff-Appellee, vs. Benjie Consorte y Franco, Accused-Appellant.

FACTS

The case involves a Motion for Reconsideration filed by accused-appellant Benjie Consorte y Franco regarding a Decision dated July 9, 2014, which affirmed his conviction for the murder of Elizabeth Palmar. The accused-appellant challenged the credibility of his identification as the perpetrator, citing alleged inconsistencies in the testimony of prosecution witnesses. During the pendency of this motion, the Court was informed via a Letter dated September 21, 2014, from the Officer-in-Charge of the New Bilibid Prison that accused-appellant Benjie Consorte y Franco had died on July 14, 2014, as evidenced by an attached Death Certificate.

ISSUE

What is the effect of the death of the accused-appellant pending the resolution of his appeal on his criminal and civil liabilities?

RULING

The criminal liability and the civil liability ex delicto (civil liability arising solely from the offense) of accused-appellant Benjie Consorte y Franco are extinguished by his death prior to final judgment. Citing Article 89(1) of the Revised Penal Code and the doctrine established in People v. Bayotas, the Court held that the death of the accused pending appeal extinguishes his criminal liability and the civil liability based solely thereon. Since the accused-appellant died before the finality of the judgment (with his motion for reconsideration still pending), the Court declared his criminal and civil liabilities ex delicto extinguished. Consequently, the judgment of conviction against him was set aside.