People v. Buat

FIRST DIVISION

[G.R. No. 206267. December 2, 2015.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RONNIE BUAT ALIAS DATU SINSUAT, accused-appellant.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution datedDecember 2, 2015 which reads as follows:

"G.R. No. 206267 (People of the Philippines, plaintiff-appellee v. Ronnie Buat alias Datu Sinsuat, accused-appellant)

Record shows that on 2 June 2004, the Regional Trial Court (RTC) Pagadian City, Branch 21 rendered its decision, finding appellant Ronnie Buat guilty of rape and meted upon him the penalty of reclusion perpetua. Appellant was further ordered to indemnify the rape victim, AAA of civil indemnity in the amount of P50,000.00 and moral damages in the amount of P50,000.00.

Appellant, through the Public Attorney's Office (PAO), directly appealed his conviction before this Court, but we resolved to transfer the case to the Court of Appeals pursuant to People v. Mateo. 1

On 22 June 2012, the Court of Appeals affirmed in toto the trial court's decision.

In turn, the instant appeal was filed before the Court. In a Decision 2 dated 25 March 2015, the Court affirmed the judgment of conviction subject to the modification that exemplary damages in the amount of P30,000.00 be additionally imposed.

A belated information 3 reached the Court that appellant had passed away way back in 13 December 2005 even while the appeal was yet pending in the Court of Appeals. An Appellant's Brief was filed on 28 November 2006 before the Court of Appeals and a Manifestation and Motion dated 10 September 2013 informing this Court that appellant would no longer submit a supplemental brief were filed in his behalf. Since no timely official information reached the Court about appellant's death, the criminal adjudication and appeal process continued until we reached a decision last 25 March 2015.

The certified copy of appellant's death certificate 4 reveals that the immediate cause of his death was "cardiorespiratory failure secondary to acute myocardial infarction."

Under Article 89 of the Revised Penal Code, a criminal liability is totally extinguished "by the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefore is extinguished only when the death of the offender occurs before final judgment." 5

In People v. Soria, 6 we ruled that 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.

Appellant's death in this case supervened before final judgment, thus his criminal liability should be extinguished. His civil liability for damages arising from the crime he committed is likewise extinguished.

In light of the death of appellant resulting in the extinguishment of his criminal liability and civil liability ex delicto, this Court's Decision dated 25 March 2015 is rendered irrelevant and ineffectual. This Court has no other recourse but to set aside its Decision and dismiss the criminal case against appellant by reason of his death. cSaATC

WHEREFORE, the 25 March 2015 Decision of this Court in G.R. No. 206267 is SET ASIDE. Criminal Case No. 2287 is DISMISSED due to appellant's demise.

SO ORDERED."

Very truly yours,

 

(SGD.) EDGAR O. ARICHETADivision Clerk of Court

 

Footnotes

1. 477 Phil. 752 (2004).

2. Rollo, pp. 46-58.

3. Id. at 59.

4. Id. at 61.

5. Article 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.

2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article 344 of this Code.

6. People v. Soria, G.R. No. 179031, 24 February 2014, 717 SCRA 274, 276 citing People v. Amistoso, G.R. No. 201447, 28 August 2013, 704 SCRA 369.