Olarte y Tarug v. People

SECOND DIVISION

[G.R. No. 197731. July 4, 2016.]

HERMIE OLARTE Y TARUG AND RUBEN OLAVARIO Y MAUNAO, petitioners, vs. PEOPLE OF THE PHILIPPINES, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated 04 July 2016 which reads as follows:

"G.R. No. 197731 — Hermie Olarte y Tarug and Ruben Olavario y Maunao vs. People of the Philippines

On September 16, 2002, Hermie Olarte y Tarug (Olarte), Ruben Olavario y Maunao (Olavario) along with Salvador Pasquin y Marco were charged before the Regional Trial Court (RTC) of Valenzuela City with the crime of Frustrated Homicide.

On April 27, 2009, the RTC found Olarte and Olavario guilty of the crime charged and sentenced them to an imprisonment of two (2) years, four (4) months and one (1) day of prision correccional as minimum to eight (8) years and one (1) day of prision mayor medium as maximum. They were also ordered to pay jointly and solidarily the victim the amount of P22,462.05 as actual damages and P20,000.00 as moral damages.

On appeal, the Court of Appeals (CA), by its Decision of February 9, 2011, affirmed the RTC Decision. Petitioners' Motion for Reconsideration was denied on July 13, 2011. Thus, they sought recourse with this Court through a Petition for Review on Certiorari.

In its Resolution promulgated on July 6, 2015, the Court affirmed the CA Decision with modifications in that the victim was awarded P25,000.00 as temperate damages in lieu of actual damages; moral damages was increased to P25,000.00; and all the damages shall be subject to interest at the legal rate of six percent (6%) per annum from the date of finality of the Resolution until fully paid.

In a Resolution of October 7, 2015, the Court denied with finality petitioners' Motion for Reconsideration and ordered the issuance of entry of judgment in due course.

In the meantime, the Court received a Manifestation and Motion dated November 27, 2015 with the information that Olarte died of Acute Myocardial Infraction on October 18, 2015 as evidenced by a Death Certificate issued by the Office of the Civil Registrar of Sorsogon City. In view of this supervening event, petitioners' counsel prayed for the dismissal of the case against Olarte.

Per Resolution dated February 29, 2016, the Court deferred action on the Manifestation and Motion until after receipt of an information from the Post Master of Sta. Rosa, Laguna as to when the Court's Notice of Resolution addressed to their counsel was effected. In compliance therewith, the Post Master informed the Court that the mail matter containing the Notice of Resolution of October 7, 2015 was received by the addressee through his authorized agent on November 18, 2015. Reckoning therefrom and per computation of the Judgment Division, Judicial Records Office, this Court, the Resolution dated July 6, 2015 became final and executory on November 24, 2015. Clearly then, the death of Olarte on October 18, 2015 pending finality of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon following the Court's ruling in People vs. Bayotas. 1

WHEREFORE premises considered, the Resolution dated July 6, 2015 affirming the conviction of Hermie Olarte y Tarug is ordered VACATED. Criminal Case No. 759-V-02 before the Regional Trial Court of Valenzuela City, Branch 172, is DISMISSED insofar as Hermie Olarte y Tarug is concerned on account of his demise. His criminal and civil liabilities are extinguished by reason of his death. (Mendoza, J., on official leave from July 4-22, 2016 per Resolution dated June 21, 2016 in A.M. No. 16-06-05-SC). TIADCc

SO ORDERED."

Very truly yours,

 

MA. LOURDES C. PERFECTODivision Clerk of Court

By:

 

(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court

Footnotes

1. G.R. No. 102007, September 2, 1994, 236 SCRA 239.