FACTS:

The case involves the Motion for Reconsideration of the Decision affirming the conviction of accused-appellant Benjie Consorte y Franco for the murder of Elizabeth Palmar. Accused-appellant questions the credibility of his identification as the perpetrator of the crime, alleging the impossibility of the identification and inconsistent statements made by a prosecution witness. However, it is revealed that accused-appellant died on 14 July 2014, as confirmed by the Officer-in-Charge of the New Bilibid Prison, resulting in the need to address the effect of death pending appeal on his criminal and civil liabilities. Article 89(1) of the Revised Penal Code states that criminal liability is totally extinguished by the death of the convict, but pecuniary penalties are extinguished only if the death occurs before final judgment. Citing previous case law, the Court declares that accused-appellant's criminal and civil liabilities ex delicto, based solely on the offense committed, are extinguished by his death before final judgment. Therefore, the judgment or conviction against him is set aside.

ISSUES:

1. Whether the identification of accused-appellant as the perpetrator of the crime is credible.

2. Whether the death of accused-appellant pending appeal extinguishes his criminal liability and civil liability ex delicto.

RULING:

1. The Court finds that the identification of accused-appellant as the perpetrator of the crime is credible, despite the arguments raised by the accused. The testimony of prosecution witness Aneline Mendoza supports the positive identification made by Rolando Visbe, and any inconsistencies in Visbe's statements do not cast doubt on the identification.

2. The Court holds that the death of accused-appellant prior to final judgment extinguishes both his criminal liability and his civil liability ex delicto. As the accused died before the resolution of his motion for reconsideration, his criminal and civil liability ex delicto are declared extinguished and the conviction against him is set aside.

PRINCIPLES:

• Personal penalties are extinguished by the death of the convict, while pecuniary penalties are only extinguished if the death of the offender occurs before final judgment (Article 89(1) of the Revised Penal Code).

• The death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed (civil liability ex delicto in senso strictiore) (People v. Brillantes).