THIRD DIVISION
[G.R. No. 233549. February 19, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ARMANDO DELOS REYES, SR., accused appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedFebruary 19, 2018, which reads as follows:
"G.R. No. 233549 (People of the Philippines, Plaintiff-Appellee, v. Armando Delos Reyes, Sr., Accused Appellant.) — On February 9, 2017, the Court of Appeals (CA) promulgated its decision 1 in CA-G.R. CR-H.C. No. 07652 affirming the conviction of the accused-appellant for violation of Section 5 of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002). Hence, the accused-appellant filed his notice of appeal. 2
On October 11, 2017, the Court issued a resolution, as follows:
x x x — The Court resolves to:
(1) NOTE the records forwarded by the Court of Appeals, Manila, pursuant to its Resolution dated March 23, 2017 which gave due course to accused-appellant's notice of appeal in accordance with Section 13(c), Rule 124 of the Revised Rules of Criminal Procedure, as amended by A.M. No. 00-5-03-SC;
(2) NOTIFY the parties that they may file their respective SUPPLEMENTAL BRIEFS, if they so desire, within thirty (30) days from notice; and
(3) REQUIRE the Superintendent of the New Bilibid Prisons, Bureau of Corrections, Muntinlupa City, to CONFIRM to the Court the confinement therein of accused-appellant within five days (5) from notice hereof. 3
On January 5, 2018, the Public Attorney's Office (PAO) as counsel of the accused-appellant filed its manifestation praying for the dismissal of the appeal in accordance with Article 89 of the Revised Penal Code, 4 and alleged therein that the accused-appellant had died on November 22, 2016 even prior to the promulgation of the decision affirming the conviction by the CA; and that the assigned PAO lawyer had mistakenly consulted a different inmate at the time she filed the notice of appeal in behalf of the accused-appellant. She further explained:
THE PUBLIC ATTORNEY'S OFFICE-SPECIAL AND APPEALED CASES SERVICE (PAO-SACS), through the undersigned counsel, to this Honorable Court, most respectfully states:
1. On 24 February 2017, the Public Attorney's Office-Special and Appealed Cases Service (PAO-SACS) filed a Notice of Appeal before the Court of Appeals. Prior to the filing of the same, the undersigned conferred with the accused-appellant and the latter signified that he wanted(sic) pursue his appeal.
2. However, on 03 January 2018, the undersigned received a certified true copy of the accused-appellant's Certificate of Death, stating that he died on 22 November 2016. Upon verification with the overseer of the New Bilibid Prisons, it appeared that the person with whom the undersigned talk to sometime in February 2017 was another inmate with the same first name and surname.
3. In view thereof, it is respectfully prayed that the instant case be dismissed in accordance with Article 89 of the Revised Penal Code.
4. Likewise, the undersigned counsel sincerely apologizes for the inconvenience that these circumstances may have brought to this Honorable Court. At the time of the filing of the Manifestation in Lieu of Supplemental Brief dated 29 December 2017, the undersigned was not yet aware of the accused-appellant's death. 5
The death of the accused-appellant prior to the finality of the conviction totally extinguished his criminal liability based on Article 89 of the Revised Penal Code, which pertinently provides:
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.
xxx xxx xxx
The total extinguishment of the criminal liability of the accused-appellant carried with it the extinguishment of his pecuniary penalty of fine directly arising from the offense committed. 6
WHEREFORE, the Court DISMISSES the criminal case filed against accused-appellant ARMANDO DELOS REYES, SR.; DECLARES his pecuniary liability of fine arising from the offense extinguished; and CONSIDERS this appeal CLOSED and TERMINATED, without costs of suit.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 2-11; penned by Associate Justice Noel G. Tijam (now a Member of this Court) with the concurrence of Associate Justice Francisco P. Acosta, and Associate Justice Eduardo B. Peralta, Jr.
2.Id. at 12-13.
3.Id. at 17-18.
4.Id. at 24-29.
5.Id. at 24-25.
6.People v. Bunay, G.R. No. 171268, September 14, 2010, 630 SCRA 445, 448; People v. Bayotas, G.R. No. 102007, September 2, 1994, 236 SCRA 239, 256.