People v.
Soria
G.R. No. 179031, February 24, 2014
Facts: On February 26, 2000, “AAA” went to the bedroom to rest after eating merienda with her
siblings. The accused-appellant entered the room and positioned himself on top of the “AAA”,
took off her clothes and inserted his penis into her vagina. “AAA” felt intense pain from her breast
down to her vagina and told her father that it was painful. Accused-appellant apologized to his
daughter, stood up and left the room. “BBB”, the brother of “AAA”, witnessed the whole incident.
The Supreme Court rendered its Decision on November 14, 2012, finding the accused-appellant
guilty beyond reasonable doubt of the crime of rape by sexual assault and is sentenced him to
imprisonment of 12 years to 20 years, and was ordered to pay P30,000 as civil indemnity, P30,000
as moral damages and P30,000 as exemplary damages. The said Decision supposedly became
final and executory on December 20, 2012.
However, on August 16, 2012, the accused-appellant died. He died before the promulgation of
the Court’s Decision on November 14, 2012 or before its finality on December 20, 2012. Therefore,
when the accused-appellant died, his appeal before the Court was still pending.
Issue: Whether or not the death of the accused-appellant has an effect on his civil liability.
Held: In People v. Amistoso (G.R. No. 201447, August 28, 2013), this Court encountered a similar
situation wherein the accused-appellant died before his appeal could be resolved. The Court
explained the implications of the accused-appellant’s demise as follows:
Given the foregoing, it is clear 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.
The Court had no course of action but to set aside its Decision and dismiss the criminal case
against Amistoso by reason of his death.
Likewise, the November 14, 2012 Decision of this Court 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.