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PEOPLE v. ROMEO ANTIDO Y LANTAYAN

FACTS:

Accused-appellant Romeo Antido y Lantayan, also known as Romeo Antigo y Lantayan alias "Jon-Jon," was found guilty beyond reasonable doubt of the crime of rape by the Court of Appeals (CA). The Supreme Court affirmed the CA's decision and sentenced accused-appellant to suffer the penalty of reclusion perpetua. However, it was discovered that accused-appellant had already died on December 28, 2013, as evidenced by his certificate of death. The court acknowledged that under prevailing law and jurisprudence, the death of the accused prior to final conviction extinguishes the criminal liabilities against him. Article 89 of the Revised Penal Code provides that criminal liability is totally extinguished by the death of the convict as to personal penalties, and as to pecuniary penalties, liability is extinguished only when the death occurs before final judgment. The court cited the case of People v. Culas, which explained that the death of the accused pending appeal of his conviction extinguishes his criminal liability but the civil liability may still survive if it can be based on a source other than a delict. The court clarified that the private offended party could file a separate civil action against the estate of the accused for the recovery of civil liability based on other sources of obligation. Ultimately, the court set aside its previous resolution and dismissed the criminal case against accused-appellant due to his death.

ISSUES:

  1. Whether the death of accused-appellant pending appeal of his conviction extinguishes his criminal liability and civil liability based solely thereon.

  2. Whether the civil liability may survive if it is based on a source of obligation other than delict.

RULING:

  1. Yes, the death of the accused pending appeal of his conviction extinguishes his criminal liability, as well as the civil liability based solely thereon. The Court held that 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 is extingushed.

  2. Yes, the civil liability may survive if it is based on a source of obligation other than delict. The Court explained that where the civil liability survives, a separate civil action may be pursued by the private offended party against the executor/administrator or the estate of the accused, depending on the source of obligation upon which the civil liability is based.

PRINCIPLES:

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

  • The claim for civil liability may survive if it is based on a source of obligation other than delict.

  • Where the civil liability survives, a separate civil action may be pursued against the executor/administrator or the estate of the accused.