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PEOPLE v. ANASTACIO AMISTOSO Y BROCA

FACTS:

Accused-appellant Anastacio Amistoso was charged with the rape of his daughter, AAA, alleged to be 12 years old at the time of the incident. After trial, the RTC found Amistoso guilty of qualified rape and sentenced him to death, with additional monetary damages. The Court of Appeals affirmed Amistoso's conviction but modified the penalties imposed. Amistoso appealed to the Supreme Court, which affirmed the judgment of conviction and ordered him to pay interest on the awarded damages. However, it was later discovered that Amistoso had died on December 11, 2012. The Bureau of Corrections and the Public Attorney's Office informed the Court of Amistoso's death after the judgment was rendered. In light of Amistoso's death, the Court set aside its previous decision, dismissed the criminal case, and noted the motion for reconsideration without action.

ISSUES:

  1. Whether the death of the accused pending appeal of his conviction extinguishes his criminal liability and civil liability ex delicto.

  2. Whether the Court's Decision became irrelevant and ineffectual due to the accused's death.

RULING:

  1. Yes, the death of the accused pending appeal of his conviction extinguishes his criminal liability and civil liability ex delicto, as provided under Article 89 of the Revised Penal Code. The Court ruled that since there is no longer a defendant to stand as the accused, the civil action instituted for recovery of civil liability ex delicto is also extinguished.

  2. Yes, the Court's Decision became irrelevant and ineffectual due to the accused's death. The Court stated that the Decision has not yet become final, and the Court still has jurisdiction to set it aside.

PRINCIPLES:

  • The death of the accused pending appeal of his conviction extinguishes his criminal liability and civil liability ex delicto.

  • The civil liability may still survive and be pursued if it is based on a source of obligation other than delict.

  • The private offended party need not fear a forfeiture of his right to file a separate civil action by prescription if the civil action was instituted together with the criminal action and the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case.