FIRST DIVISION
[G.R. No. 224543. February 17, 2021.]
NILO P. CASAS, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated February 17, 2021which reads as follows:
"G.R. No. 224543 (Nilo P. Casas v. People of the Philippines). — This is to resolve the Motion to Dismiss on the Ground of the Death of [Petitioner] Nilo P. Casas dated July 7, 2019.
The said motion states that petitioner passed away on June 10, 2019 due to the following, as described in the certified machine copy of petitioner's death certificate:
a. HYPOXIC IS[C]HEMIC ENCEPHALOPATHY FROM CARDIO-PULMONARY ARREST SEC. TO FATAL ARRHYTHMIA
b. ACUTE RESPIRATORY FAILURE FROM 1) WORSENING HOSPITAL ACQUIRED PNEUMONIA, 2) T/C ACUTE CORONARY SYNDROME, 3) INCREASE[D] INTERCRANIAL PRESSURE FROM CRYPTOCOCCAL MENINGITIS
c. SHOCK 1) SEPTIC FROM CRYPTOCOCCAL MENINGITIS, 2) CARDIOGENIC FROM ACUTE CORONARY SYNDROME. 1 HTcADC
As such, this Court issued a Resolution dated October 16, 2019 requiring the Office of the Solicitor General (OSG) to file its Comment.
The OSG, in its Comment dated January 14, 2020, agrees to the dismissal of the petition due to the death of the petitioner.
Article 89 of the Revised Penal Code provides:
ART. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.
xxx xxx xxx
Hence, due to the demise of petitioner Nilo P. Casas, Criminal Case Nos. 11-619, 11-620, 11-621, 11-622 and 11-623, against deceased petitioner are now considered CLOSED and TERMINATED, and his criminal liability is thereby TOTALLY EXTINGUISHED. CAIHTE
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
by:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, p. 480.