GR 45966; (December, 1978) (Digest)
G.R. No. L-45966. December 14, 1978.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIO MARIANO Y ALEJANDRO alias Negro, defendant-appellant.
FACTS
The defendant-appellant, Mario Mariano y Alejandro alias Negro, was convicted of a crime and sentenced to death. During the pendency of his appeal before the Supreme Court, the accused died on July 2, 1978. This event necessitated a resolution from the Court regarding the disposition of both the criminal case and the attendant civil liability arising from the offense.
The case originated from a criminal prosecution where the accused was found guilty. The appeal was pending review by the Supreme Court when the fact of the appellant’s death was established. The death of the accused occurred prior to the finality of the judgment of conviction.
ISSUE
The primary issue is the legal effect of the death of the accused during the pendency of his appeal on his criminal liability and his civil liability arising from the crime.
RULING
The Supreme Court ruled that the death of the accused pending appeal extinguishes his criminal liability. The rationale is that the state’s power to prosecute and punish the individual is personal and terminates upon the accused’s death. There is no longer a living person to hold criminally accountable or to subject to penal sanctions. Consequently, the criminal case is dismissed insofar as it pertains to the accused’s criminal responsibility.
However, the civil liability arising from the crime survives the death of the accused. This civil liability, which is based on the delict or wrongful act, is considered a monetary obligation that transmits to the estate of the deceased. The Court modified the appealed decision by eliminating the death penalty due to the extinction of criminal liability. It affirmed the award of civil indemnity and damages, ordering that the sums of P12,000.00 as indemnity for the death of the victim, Luningning Mapola y Diwata, and P8,000.00 as moral damages be recoverable from the estate of the deceased accused. The separate concurring opinion of Justice Aquino explicitly cited jurisprudence, such as People vs. Sendaydiego, to reinforce the principle that the civil liability is not extinguished by the death of the accused during appeal.