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PEOPLE v. WENDALINO ANDES Y CAS

FACTS:

The case involves the resolution of the Supreme Court regarding the criminal case against accused-appellant Wendalino Andes y Cas a.k.a. Windalino Andes y Cas. The Court adopted the findings of fact and conclusions of law of the Court of Appeals, which found the accused guilty beyond reasonable doubt of three counts of Qualified Rape. Accused-appellant filed a motion for reconsideration, which was denied with finality. However, before an Entry of Judgment could be issued, the Court received information about accused-appellant's death. The Bureau of Corrections informed the Court that accused-appellant died on March 17, 2016. The Court cited Article 89(1) of the Revised Penal Code, which 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. Based on this provision and previous rulings, the Court explained that accused-appellant's death prior to his final conviction rendered the criminal cases against him dismissible. The Court further stated that while the criminal action is extinguished, the private offended party may still pursue a separate civil action against the estate of accused-appellant if the civil liability is based on sources other than delicts. Therefore, the Court set aside its previous resolutions, dismissed the criminal cases, and declared the case closed and terminated.

ISSUES:

  1. Whether the death of accused-appellant prior to final conviction extinguishes the criminal cases against him.

RULING:

  1. Yes, the death of accused-appellant prior to final conviction extinguishes the criminal cases against him. Criminal liability is totally extinguished by the death of the convict, as to the personal penalties. The claim for civil liability survives, however, and may be pursued by way of filing a separate civil action against the estate of the accused, depending on the source of obligation upon which the civil liability is based. The civil action may be enforced against the executor/administrator or the estate of the accused. In this case, the court sets aside its previous resolutions and dismisses the criminal case against accused-appellant due to his death, closing and terminating the case.

PRINCIPLES:

  • Criminal liability is totally extinguished by the death of the convict, as to the personal penalties. (Article 89 (1) of the Revised Penal Code)

  • The claim for civil liability survives despite the death of the accused if it may be predicated on a source of obligation other than delict. (People v. Culas)

  • The civil liability may arise from sources such as law, contracts, quasi-contracts, and quasi-delicts. (Article 1157 of the Civil Code)

  • If the civil liability survives, a separate civil action may be pursued in accordance with Section 1, Rule 111 of the 1985 Rules on Criminal Procedure, either against the executor/administrator or the estate of the accused, depending on the source of obligation. (People v. Culas)

  • The statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case if the private offended party instituted the civil action together with the criminal action. (Article 1155 of the Civil Code)