SPECIAL SECOND DIVISION
[G.R. No. 200330. July 17, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JOSE SEVA y RELOS @ DODONG AND LYDIA SEVA y MORTE @ LYDIA, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Special Second Division, issued a Resolution dated 17 July 2019which reads as follows:
"G.R. No. 200330: PEOPLE OF THE PHILIPPINES v. JOSE SEVA y RELOS @ DODONG and LYDIA SEVA y MORTE @ LYDIA
In a Letter dated 29 May 2019, Diosdado C. Samson, Chief Judicial Staff Officer of the Judgment Division, Judicial Records Office of this Court, submitted a query on the effect of the death of appellant Jose Seva y Relos (Jose) on the criminal and civil liabilities imposed on him, in relation to the entry of judgment to be issued in this case considering that Jose died on 15 January 2014 or before the final judgment. HTcADC
On 4 October 2007, the Regional Trial Court, Branch 103, Quezon City (RTC) rendered a Joint Decision in Criminal Case Nos. Q-05-134653 and Q-05-134654 for violation of Sections 5 and 11, Article II of Republic Act No. 9165, finding appellants Jose and Lydia Seva y Morte (Lydia) guilty beyond reasonable doubt of illegal sale of dangerous drugs and appellant Lydia of illegal possession of dangerous drugs. The dispositive portion of the Joint Decision reads:
ACCORDINGLY, judgment is rendered finding the two accused, JOSE SEVA y RELOS and LYDIA SEVA y MORTE, GUILTY beyond reasonable doubt in Q-05-134653 for Violation of Section 5, R.A. 9165 (for selling 0.25 gram of shabu) as charged, and the Court hereby sentences both to serve a jail term of LIFE IMPRISONMENT and to each pay a fine of P500,000.00; and likewise finding accused LYDIA SEVA y MORTE GUILTY beyond reasonable doubt in Q-05-134654 for Violation of Section 11, R.A. 9165 (for possession of 0.14 gram of shabu) as charged, and she is hereby sentenced to serve a jail term of TWELVE (12) YEARS AND ONE (1) DAY, as minimum and THIRTEEN (13) YEARS, as maximum and to pay a fine of P300,000.00.
The shabu involved in these two (2) cases in two (2) sachets are ordered transmitted to the PDEA thru the DDB for disposal as per R.A. 9165.
SO ORDERED. 1
On 25 May 2011, the Court of Appeals (CA), in its Decision in CA-G.R. CR-HC No. 03018, denied the appeal and affirmed the RTC Decision.
On 17 October 2016, this Court issued a Resolution affirming the 25 May 2011 CA Decision. The motion for reconsideration thereto was denied with finality in the Resolution dated 27 February 2019.
P/Supt. I Roberto R. Rabo, Superintendent, New Bilibid Prison, in his Letter dated 23 February 2017, and Officer-in-Charge CCI Ricardo R. Sespeñe, Jr., New Bilibid Prison, Muntinlupa City, in his Letter dated 13 June 2019, informed this Court that appellant Jose died on 15 January 2014. A copy of the death certificate was attached thereto. Both letters were noted in this Court's Resolutions dated 27 February 2019 and 17 June 2019, respectively. CAIHTE
The law is clear that the death of an accused extinguishes his criminal liability. This is explicit in Article 89, paragraph 1 of the Revised Penal Code which provides:
Art. 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;
Appellant Jose died on 15 January 2014 or before this Court issued the Resolution dated 17 October 2016 affirming the 25 May 2011 Decision of the CA and the Resolution dated 27 February 2019 denying with finality the motion for reconsideration. Accordingly, his death which occurred before final judgment extinguishes his criminal liability both as to personal penalties and as to pecuniary penalties, pursuant to Article 89, paragraph 1 of the Revised Penal Code.
WHEREFORE, in view of the death of appellant Jose Seva y Relos which occurred before final judgment, his criminal liability, both as to personal penalties and as to pecuniary penalties, is totally extinguished.
SO ORDERED. Del Castillo, J., on official leave."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, p. 3.