SECOND DIVISION
[G.R. No. 252148. July 27, 2022.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ROGER FEUDO y FABELLA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution datedJuly 27, 2022 which reads as follows: HTcADC
"G.R. No. 252148 (People of the Philippines v. Roger Feudo y Fabella). — By Decision 1 dated September 25, 2019 in CA-G.R. CR-HC No. 12176 entitled "People of the Philippines v. Roger Feudo y Fabella," the Court of Appeals affirmed the verdict of conviction against appellant Roger Feudo y Fabella for the crime of rape under Article 266-A (1), paragraph (d) of the Revised Penal Code, viz.:
WHEREFORE, the Joint Decision dated November 14, 2018 of the RTC, Branch 81, Romblon, Romblon, in Criminal Case No. 3006 is AFFIRMED with MODIFICATIONS. Accused-appellant Roger Feudo y Fabella is guilty beyond reasonable doubt of the crime of rape defined and penalized under Article 266-A(1), paragraph (d), and is sentenced to suffer the penalty of reclusion perpetua. Accused-appellant Roger Feudo y Fabella is ordered to pay the private offended party as follows: P75,000.00 as civil indemnity, P75,000.00 as moral damages and P75,000.00 as exemplary damages. He is FURTHER ordered to pay interest on all damages awarded at the legal rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.
SO ORDERED.
Pending appeal, under Letter 2 dated February 1, 2021, CTS Supt. Albert C. Manalo, OIC, Inmate Document and Processing Division of the Bureau of Corrections, Muntinlupa City, informed the Court that appellant had already died on November 20, 2020 due to Community Acquired Pneumonia, Acute Gastroenteritis, and Malnutrition per Notice of Death 3 furnished by the New Bilibid Prison Hospital. 4
Pursuant to Article 89 (1) 5 of the Revised Penal Code, criminal liability is totally extinguished by the death of the accused. The civil action which was deemed instituted therein for recovery of civil liability ex delicto is ipso facto extinguished, as well. 6 This is without prejudice to a separate civil action which private complainant may institute based on sources other than delicts.
The Court NOTES the letter dated August 7, 2021 of CTSSupt. Ricardo S. Zulueta, Maximum Security Compound-New Bilibid Prison, Muntinlupa City, submitting the certified true copy of the death certificate of accused-appellant Roger Feudo y Fabella, in compliance with the Resolution dated June 16, 2021.
FOR THESE REASONS, Criminal Case No. 3006 is DISMISSED and CONSIDERED CLOSED and TERMINATED.
Let entry of judgement be issued immediately.
SO ORDERED." (Vice J.M. Lopez who recused himself due to his prior action in the Court of Appeals; C.J. Gesmundo, designated additional member per raffle dated April 21, 2021.)
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, p. 3. Penned by Associate Justice Ma. Luisa C. Quijano-Padilla and concurred in by Associate Justices Mario V. Lopez (now a member of the Court) and Ronaldo Roberto B. Martin.
2.Id. at 25.
3.Id. at 27, signed by Medical Officer CTCInsp. Ruth B. Algones, MD.
4.Rollo, p. 40. See Notice dated June 16, 2021, signed by Division Clerk of Court Atty. Teresita Aquino Tuazon.
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[.]
6. See People v. Culas, 810 Phil. 205 (2017).