G.R. No. 217031 . August 14, 2019.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WENDALINO ANDES y CAS a.k.a. WINDALINO ANDES y CAS, accused-appellant.

FACTS

The Court, in a Resolution dated November 10, 2015, adopted the Decision of the Court of Appeals finding accused-appellant Wendalino Andes y Cas guilty beyond reasonable doubt of three counts of Qualified Rape and imposed penalties. Accused-appellant filed a motion for reconsideration, which was denied with finality on June 20, 2016. Before an Entry of Judgment could be issued, the Bureau of Corrections informed the Court via a Letter dated December 13, 2016, that accused-appellant had died on March 17, 2016, as evidenced by an attached Certificate of Death.

ISSUE

Whether the death of the accused-appellant pending appeal extinguishes his criminal and civil liabilities.

RULING

Yes. The death of the accused-appellant pending appeal extinguishes his criminal liability and the civil liability based solely on the crime (civil liability ex delicto). Pursuant to Article 89(1) of the Revised Penal Code, criminal liability is totally extinguished by the death of the convict as to personal penalties, and as to pecuniary penalties, liability is extinguished when death occurs before final judgment. Following the jurisprudence in People v. Culas, the criminal action is extinguished as there is no longer a defendant, and the civil action for recovery of civil liability ex delicto is ipso facto extinguished. However, the victim may pursue a separate civil action against the estate of the accused-appellant if the civil liability arises from sources other than delict, such as law, contracts, quasi-contracts, or quasi-delicts. Consequently, the Court set aside its prior Resolutions, dismissed the criminal cases by reason of the accused-appellant’s death, and declared the case closed and terminated.