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PEOPLE v. DEMOCRITO PARAS

FACTS:

Democrito Paras was charged with one count of rape in Criminal Case No. TCS-2729, allegedly committed against AAA who was 17 years old at the time of the incident in March 1996. After trial, the RTC found him guilty and sentenced him to reclusion perpetua, as well as ordered him to indemnify the victim with P50,000.00 as compensatory damages and P100,000.00 as moral damages. The Court of Appeals upheld the RTC judgment with modifications, increasing the damages awarded to the victim. The accused-appellant appealed to the Supreme Court and it affirmed the judgment of conviction with further modifications in June 2014. However, in August 2014, it was discovered that the accused-appellant had died on January 24, 2013. Article 89 of the Revised Penal Code provides that the death of an accused pending appeal extinguishes both criminal and civil liability. Based on this provision and previous jurisprudence, the Supreme Court declared that the criminal case against the accused-appellant must be dismissed due to his death pending appeal. As a result, the Supreme Court set aside its previous decision and dismissed the case.

ISSUES:

  1. Whether the death of the accused-appellant pending his appeal extinguishes his criminal liability as well as his civil liability ex delicto.

  2. Whether the dismissal of the criminal case is warranted due to the death of the accused-appellant.

RULING:

  1. Yes, the death of the accused-appellant pending his appeal extinguishes both his criminal and civil liability ex delicto. Under Article 89, paragraph 1 of the Revised Penal Code, the death of the convict extinguishes his personal penalties, and as to pecuniary penalties, liability is extinguished only when the death occurs before final judgment. In case the accused dies before final judgment, the criminal liability is terminated, and only the civil liability directly arising from and based solely on the offense committed is extinguished. The claim for civil liability survives if it can be predicated on a source of obligation other than delict.

  2. Yes, the dismissal of the criminal case is warranted due to the death of the accused-appellant. The death of the accused-appellant extinguishes both his criminal and civil liability ex delicto. Consequently, the Court's decision affirming the judgment of conviction against the accused-appellant is rendered ineffectual, and the criminal case against him must be dismissed.

PRINCIPLES:

  • The death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon.

  • The claim for civil liability survives if it can be predicated on a source of obligation other than delict.

  • An action for recovery of civil liability may be pursued through a separate civil action against the executor/administrator or the estate of the accused, depending on the source of obligation.