SPECIAL SECOND DIVISION
[G.R. No. 225499. June 19, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ALEJANDRO OCOMEN @ ANDOY, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Special Second Division, issued a Resolution dated19 June 2019which reads as follows:
"G.R. No. 225499 (People of the Philippines vs. Alejandro Ocomen @ Andoy). — On September 13, 2017, the Court issued a Resolution 1 that dismissed accused-appellant Alejandro Ocomen @ Andoy's (Ocomen) appeal from the Decision dated February 9, 2015 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 05761, which affirmed with modifications his conviction by the Regional Trial Court (RTC) of Dagupan City, Pangasinan, Branch 43, for the crime of Rape under Article 266-A of the Revised Penal Code (RPC). The fallo of the Court's Resolution dated September 13, 2017 reads:
WHEREFORE, the Court RESOLVES to DISMISS the appeal of Alejandro Ocomen @ Andoy and AFFIRMS with MODIFICATION the Decision dated February 9, 2015 of the Court of Appeals in CA-G.R. CR-HC No. 05761 that the damages awarded shall be increased to P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages with an imposition of interest at the rate of six percent (6%) per annum from the finality of this Resolution. 2 HTcADC
A motion for reconsideration (MR) was filed for Ocomen by the Public Attorney's Office on December 5, 2017. Instead of acting on Ocomen's MR, the Court issued on January 24, 2018 a Resolution 3 that cited the New Bilibid Prison's (NBP) notice to the Court that Ocomen had died on June 12, 2017. The Court's Resolution reads:
The Court resolves to NOTE the letter dated 7 September 2017 of P/Supt. 1 Roberto R. Rabo, New Bilibid Prison, informing the Court that accused-appellant Alejandro Mejia Ocomen died at the New Bilibid Prison Hospital on 12 June 2017, and submitting a photocopy of the [latter's] death certificate.
Accordingly, accused-appellant's motion for reconsideration of the Resolution dated 13 September 2017 which dismissed the appeal is NOTED WITHOUT ACTION. 4
On March 14, 2018, the Court directed NBP Police/Superintendent (P/Supt.) 1 Robert R. Rabo to submit, within ten days from notice, a certified true copy of the death certificate of Ocomen. Compliance thereto was made on December 13, 2018, via the submission by NBP Chief Superintendent CSSUPT Gerrardo F. Padilla, MPA, CSMS to the Court of a certified true copy of Ocomen's Certificate of Death. 5 The document indicates that Ocomen passed away on June 12, 2017 at the NBP Hospital, Poblacion, Muntinlupa City.
In light of the foregoing incidents, the Court finds it necessary to reconsider and set aside its Resolution dated September 13, 2017 that affirmed with modifications the conviction of Ocomen. The death of Ocomen prior to his final conviction renders dismissible the criminal case that was instituted against him. The civil liability directly arising from the offense charged is likewise extinguished. These are in line with the rule on total extinguishment of criminal liability upon death, as provided in Article 89 of the RPC which reads:
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
In People v. Bayotas, 6 the Court set the guidelines on the application of this provision and other pertinent laws, thus:
1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore. CAIHTE
2. Corollarily, the claim for civil liability survives notwithstanding the death of the accused, if the same may also be predicated on a source of obligation other than delict. Article 1157 of the Civil Code enumerates these other sources of obligation from which the civil liability may arise as a result of the same act or omission:
a. Law
b. Contracts
c. Quasi-contracts
d. . . .
e. Quasi-delicts
3. Where the civil liability survives, as explained in Number 2 above, an action for recovery therefor may be pursued but only by way of filing a separate civil action and subject to Section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended. This separate civil action may be enforced either against the executor/administrator or the estate of the accused, depending on the source of obligation upon which the same is based as explained above.
4. Finally, the private offended party need not fear a forfeiture of his right to file this separate civil action by prescription, in cases where during the prosecution of the criminal action and prior to its extinction, the private-offended party instituted together therewith the civil action. In such case, the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case, conformably with provisions of Article 1155 of the Civil Code, that should thereby avoid any apprehension on a possible privation of right by prescription. 7
This was the same disposition made in People of the Philippines v. Romeo Antido y Lantayan a.k.a. Romeo Amigo y Lantayan alias "JON-JON"8 following therein accused-appellant's death pending the appeal of his conviction, as the Court explained that "the criminal action is extinguished inasmuch as there is no longer a defendant to stand as the accused." The civil action instituted with it for the recovery of the civil liability ex delicto is ipso facto extinguished, grounded as it is on the criminal action.
WHEREFORE, the Court resolves to: (a) SET ASIDE the Court's Resolution dated September 13, 2017 in this case; (b) DISMISS Criminal Case No. 2011-0474-D before the Regional Trial Court of Dagupan City, Pangasinan, Branch 43, by reason of the death of accused-appellant Alejandro Ocomen @ Andoy; and (c) DECLARE the instant case CLOSED and TERMINATED. No costs. aScITE
SO ORDERED." (PERALTA, J., on official business)
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 42-50.
2.Id. at 49.
3.Id. at 68-69.
4.Id.
5.Id. at 80.
6. 306 Phil. 266 (1994).
7.Id. at 282-283.
8. G.R. No. 208651, March 14, 2018.