Title of the Case PEOPLE OF THE PHILIPPINES, Plaintiff Appellee,
vs.
BENJAMIN SORIA y GOMEZ, Accused-Appellant.
G.R. No. 179031 February 24, 2014
Doctrine Effect of death on civil actions
Petition The Bureau of Corrections sent a letter to the Supreme Court
informing the latter of the death of Benjamin Soria y Gomez, who was
found guilty beyond reasonable doubt of rape in a November 14,
2012 decision by the Supreme Court.
Facts On November 14, 2012, accused-appellant Benjamin Soria y
Gomez was found guilty beyond reasonable doubt of rape by
sexual assault. The decision supposedly became final and
executory on December 20, 2012. Subsequently, however, the
Court received a letter from the Bureau of Corrections informing
the Supreme Court of the death of accused-appellant on August
16, 2012. In compliance with the directive, the Director of the
Bureau of Corrections also submitted on November 11, 2013, a
certified true copy of the death certificate of accused-appellant.
Accused-appellant’s demise on August 16, 2012 transpired before
the promulgation of the Supreme Court’s Decision on November
14, 2012 or before its finality on December 20, 2012. Therefore,
when accused-appellant died, his appeal before this Court was still
pending resolution.
Petitioner’s Contention
(N/A; case is merely for the purpose of setting aside the November 14,
2012 decision of SC due to death of accused.)
Respondent’s Contention
(N/A; case is merely for the purpose of setting aside the November 14,
2012 decision of SC due to death of accused.)
RTC/Sandiganbayan Ruling & (N/A; case is merely for the purpose of setting aside the November 14,
other motions 2012 decision of SC due to death of accused.)
CA Ruling & other motions
(N/A; case is merely for the purpose of setting aside the November 14,
2012 decision of SC due to death of accused.)
Issue Whether or not accused-appellant’s criminal and civil liability is
extinguished by his death?
Ruling Yes.
Article 89 of the Revised Penal Code pertinently 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;
The Supreme Court cited People v. Amistoso, wherein the accused-
appellant died before his appeal could be resolved. The Court
explained that the death of the accused pending appeal of his
conviction extinguishes his criminal liability, as well as his civil liability
ex delicto. Since the criminal action is extinguished inasmuch as
there is no longer a defendant to stand as the accused, the civil
action instituted therein for recovery of civil liability ex delicto is ipso
facto extinguished, grounded as it is on the criminal case. Since
Amistoso’s death on December 11, 2012 preceded the promulgation
by the Court of its Decision on January 9, 2013, his appeal before the
Court was still pending and unresolved. The Court ruled upon
Amistoso’s appeal only because it was not immediately informed of
his death. Amistoso’s death on December 11, 2012 renders the
Court’s Decision dated January 9, 2013, even though affirming
Amistoso’s conviction, irrelevant and ineffectual. Since said Decision
had not yet become final, the Court still had the jurisdiction to set it
aside and dismiss the criminal case against Amistoso by reason of his
death.
Likewise, the Supreme Court held that their November 14, 2012
Decision finding accused-appellant guilty beyond reasonable doubt of
the crime of rape had become irrelevant and ineffectual by reason of
his death on August 16, 2012. Consequently, the same must be set
aside and the case against accused-appellant must consequently be
dismissed.
SC Decision ACCORDINGLY, the November 14, 2012 Decision of this Court is
SET ASIDE and Criminal Case No. Q-01-98692 before the Regional
Trial Court of Quezon City, Branch 94, is DISMISSED on account of
accused-appellant's demise.
