THIRD DIVISION
[G.R. No. 253363. June 16, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. RENATO PADURA y MARQUEZ, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated June 16, 2021, which reads as follows:
"G.R. No. 253363 (People of the Philippines v. Renato Padura y Marquez). — This is an Appeal 1 from the Decision 2 dated September 19, 2019 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 09992, which affirmed the Joint Decision 3 dated September 8, 2017 of the Regional Trial Court (RTC) of Quezon City, Branch 228 in Criminal Case No. R-QZN-16-08139 to 40-CR, convicting Renato Padura y Marquez (accused-appellant) for violation of Section 5 (sale of dangerous drugs) and Section 11 (possession of dangerous drugs), Article II of Republic Act No. 9165, 4 otherwise known as the Comprehensive Dangerous Drugs Act of 2002.
In a Resolution 5 dated December 7, 2020, the Court notified the parties to submit their respective supplemental briefs. However, in a Letter 6 dated February 10, 2021, CCI Joel R. Calvelo, Superintendent, New Bilibid Prisons, Muntinlupa City, informed the Court that accused-appellant had died on November 25, 2018, attaching a certified true copy of accused-appellant's Certificate of Death. 7
By reason of the death of accused-appellant on November 25, 2018, or during the pendency of his appeal before the CA, the Court resolves to dismiss the criminal cases against him.
Pursuant to prevailing jurisprudence, accused-appellant's death prior to his final conviction renders dismissible the criminal case against him. 8 Article 89 (1) of the Revised Penal Code provides that criminal liability is totally extinguished by the death of the accused, to wit:
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[.]
In People v. Egagamao, 9 the Court explained the effects of the death of an accused pending appeal or finality of his conviction on his liabilities, as follows:
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."
2. Corollarily, the claim for civil liability survives notwithstanding the death of 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) x x x
e) Quasi-delicts
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 III 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. 10
In People v. Paras, 11 the Court rendered judgment in a criminal case without being informed earlier that the accused had already passed away. The Court set aside its decision and dismissed the criminal case, applying the principle that the death of the accused pending appeal extinguishes his criminal liability. Considering that the accused's death pending appeal extinguishes his criminal liability and civil liability ex delicto, the criminal action must be dismissed, as there is no longer a defendant to stand as the accused. HEITAD
Here, when accused-appellant died on November 25, 2018 during the pendency of his appeal or prior to the finality of his conviction, his criminal liability has already been extinguished. From that point on, the criminal action had no defendant upon which the action is based. Thus, the criminal action must be dismissed.
WHEREFORE, the Court resolves to DISMISS Criminal Case No. R-QZN-16-08139 to 40-CR before the Regional Trial Court of Quezon City, Branch 228, on account of the death of accused-appellant Renato Padura y Marquez on November 25, 2018. The case is hereby declared CLOSED and TERMINATED.
SO ORDERED."(Hernando, J., on official leave.)
By authority of the Court:
MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
By:
(SGD.) RUMAR D. PASIONDeputy Division Clerk of Court
Footnotes
1. See Notice of Appeal dated October 7, 2019; rollo, pp. 12-13.
2. Penned by Associate Justice Victoria Isabel A. Paredes, with Associate Justices Ramon R. Garcia and Ruben Reynaldo G. Roxas, concurring; id. at 3-11.
3. Rendered by Presiding Judge Mitushealla R. Manzanero-Casiño; CA rollo, pp. 55-68.
4. Entitled "AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES," approved on June 7, 2002.
5.Rollo, pp. 18-19.
6.Id. at 20.
7.Id. at 21.
8.People v. Culas, 810 Phil. 205, 207-208 (2017).
9. 792 Phil. 500 (2016).
10.Id. at 507-508.
11. 746 Phil. 167, 171 (2014).