FIRST DIVISION
[G.R. No. 223716. September 27, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. DOMINGO BACCAY, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 27, 2017, which reads as follows: HTcADC
"G.R. No. 223716 (People of the Philippines v. Domingo Baccay).
The records of this case were elevated to this Court pursuant to the Resolution 1 dated June 2, 2015 of the Court of Appeals (CA) which gave due course to the accused-appellant Domingo Baccay's (Baccay) Notice of Appeal.
On June 22, 2016, this Court issued a Resolution 2 wherein it notified both parties to file their respective supplemental briefs. In lieu thereof, however, the Public Attorney's Office filed a Manifestation 3 wherein it stated that it will no longer file a Supplemental Brief. Also, the Office of the Solicitor General filed its Manifestation 4 wherein it submitted that the legal issues and arguments were already exhaustively discussed in its Appellee's Brief. As such, it will no longer file a Supplemental Brief.
In a Letter 5 dated August 8, 2016, however, the Court received information from the Bureau of Corrections of the death of accused-appellant Baccay on March 17, 2016. On December 5, 2016, the Court received a certified true copy of accused-appellant Baccay's death certificate. 6
Indeed, the death of the accused pending appeal of his conviction extinguishes his criminal liability, as well as his civil liability ex delicto. Since the criminal action is extinguished inasmuch as there is no longer a defendant to stand as the accused, the civil action instituted therein for recovery of civil liability ex-delicto is ipso facto extinguished, grounded as it is on the criminal case. 7
Consequently, the Court had no course of action but to set aside the Decision dated March 30, 2015 of the CA and dismiss the criminal case against accused-appellant Baccay by reason of his death.
WHEREFORE, the March 30, 2015 Decision of the CA in CA-G.R. CR HC No. 04185 is SET ASIDE and Criminal Case Nos. 4520-V-94 to 4527-V-94 are DISMISSED on account of the accused-appellant Domingo Baccay's demise.
(Jardeleza, J., no part, due to his prior action as Solicitor General; Perlas-Bernabe, J., designated additional Member per Raffle dated September 25, 2017.)
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. CA Rollo, p. 212.
2.Rollo, pp. 30-31.
3.Id. at 45-47.
4.Id. at 38-41.
5.Id. at 32.
6.Id. at 52-53.
7.People v. Soria, 728 Phil. 38, (2014).