GR 250980; (March, 2022) (Digest)
G.R. No. 250980 . March 15, 2022.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CRISPIN ARANETA Y PELAEZ, LYNFER BICODO Y BAYLON, ROGELIO CALORING, ANNABELLE OLIDAN Y ARANETA, BENJAMIN OLIDAN Y ERLANDEZ AND PO1 JOSE LONMAR ZAPATOS Y FIEL, ACCUSED, ROGELIO CALORING, ACCUSED-APPELLANT.
FACTS
Accused-appellant Rogelio Caloring, along with several co-accused, was charged with Kidnapping for Ransom under Article 267 of the Revised Penal Code. The Amended Information alleged that on or about August 30, 2005, in Quezon City, the accused, conspiring and mutually helping one another and with the use of firearms, kidnapped four victims (three minor children and an adult) and thereafter demanded ransom money for their release. The accused pleaded not guilty. During pre-trial, the defense admitted the identities of the accused, the court’s jurisdiction, and the minority of the three child victims. The Regional Trial Court (RTC) found all accused, except one who died, guilty beyond reasonable doubt and sentenced them to reclusion perpetua, ordering them to pay solidary damages. The Court of Appeals (CA) affirmed the conviction but modified the monetary awards. Accused-appellant appealed to the Supreme Court. During the pendency of the appeal, the Court received official notices that accused-appellant died on March 10, 2021.
ISSUE
Whether the death of accused-appellant pending appeal extinguishes his criminal and civil liabilities.
RULING
Yes. The death of accused-appellant pending appeal extinguishes his criminal liability as well as the civil liability arising solely therefrom (civil liability ex delicto). Applying 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 doctrine in People v. Bayotas, death pending appeal extinguishes both criminal liability and the civil liability based exclusively on the offense. Any civil liability that may be predicated on other sources of obligation (such as law, contracts, quasi-contracts, or quasi-delicts) survives, but recovery must be pursued through a separate civil action. Consequently, the case against accused-appellant Rogelio Caloring is dismissed.