G.R. No. 218809, August 3, 2016
People of the Philippines, Plaintiff-Appellee, vs. Allan Egagamao, Accused-Appellant.

FACTS

Four Informations were filed charging accused-appellant Allan Egagamao with the crime of Rape under Article 266-A(1)(a) of the Revised Penal Code, as amended. The charges pertained to incidents allegedly occurring on August 22, 2002, November 2002, January 2004, and May 27, 2004. The victim, AAA, a minor, was the sister-in-law of Egagamao and lived in the same house. The prosecution alleged that Egagamao, through force, intimidation, and threats to kill AAA and her family, had carnal knowledge of her against her will on these dates. AAA reported the incidents in June 2004. Egagamao denied the charges, claiming a consensual romantic relationship. The Regional Trial Court (RTC) found Egagamao guilty beyond reasonable doubt of one count of Rape (Criminal Case No. 181-2004 for the August 22, 2002 incident) and sentenced him to reclusion perpetua without eligibility for parole, ordering him to pay civil indemnity, moral damages, and exemplary damages. The RTC acquitted him of the three other charges for insufficiency of evidence. The Court of Appeals affirmed the RTC ruling. Pending appeal, the Court received information that Egagamao had died on September 17, 2013.

ISSUE

Whether or not Egagamao is guilty beyond reasonable doubt of committing one count of Rape.

RULING

The criminal case and the instant appeal are dismissed due to the death of accused-appellant Allan Egagamao pending appeal. Under 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 only when death occurs before final judgment. Following the doctrine in People v. Bayotas, the death of the accused pending appeal extinguishes his criminal liability and the civil liability based solely thereon (civil liability ex delicto). However, the claim for civil liability may survive if predicated on a source of obligation other than delict (such as law, contracts, quasi-contracts, or quasi-delicts). In such a case, the private offended party may file a separate civil action against the estate of the accused, subject to applicable rules and procedures. The Court set aside the appealed CA Decision, dismissed Criminal Case No. 181-2004 by reason of Egagamao’s death, and declared the case closed and terminated.