The Supreme Court has affirmed the principle that the death of an accused-appellant prior to final judgment extinguishes criminal liability and civil liability based solely on the criminal offense. In People v. Antido, the Court set aside its previous resolution affirming the accused-appellant’s conviction for Rape after discovering that he had died before the resolution was promulgated. This decision underscores the importance of the principle that criminal liability, including the associated personal and pecuniary penalties, is extinguished upon the death of the accused before a final verdict is reached.

The Grim Reaper’s Verdict: When Death Nullifies a Rape Conviction

In this case, Romeo Antido y Lantayan a.k.a. Romeo Antigo y Lantayan alias “Jon-Jon” (accused-appellant) was found guilty beyond reasonable doubt of the crime of Rape, punishable under paragraph 1 of Article 266-A in relation to paragraph 5 of Article 266-B, under RA 8353. The Court of Appeals (CA) affirmed the lower court’s decision, sentencing him to reclusion perpetua and ordering him to pay the private complainant civil indemnity, moral damages, and exemplary damages. However, unbeknownst to the Court at the time of the promulgation of its Resolution affirming the conviction, the accused-appellant had already passed away. This critical fact necessitated a reevaluation of the case in light of established legal principles concerning the effect of an accused’s death on criminal and civil liabilities.

Article 89 (1) of the Revised Penal Code explicitly states that criminal liability is totally extinguished by the death of the convict. This provision reflects a fundamental understanding that the purpose of criminal law is to punish the living and that penalties cannot be exacted from the deceased. The provision states:

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[.]

The Supreme Court, in People v. Culas, provided a comprehensive explanation of the effects of the death of an accused pending appeal on their liabilities. The Court clarified that the death of the accused pending appeal extinguishes not only criminal liability but also civil liability based solely on the criminal offense. However, it is essential to recognize that civil liability may also arise from sources other than the criminal act itself, such as law, contracts, quasi-contracts, or quasi-delicts, as outlined in Article 1157 of the Civil Code. In such cases, a claim for civil liability survives the death of the accused and may be pursued through a separate civil action against the executor, administrator, or estate of the accused.

The Court further elaborated on the procedural aspects of pursuing a surviving civil liability. It emphasized that the private offended party must file a separate civil action, subject to Section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended. This separate civil action may be enforced against the executor, administrator, or the estate of the accused, depending on the source of the obligation upon which the claim is based. The Court also reassured that the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case, ensuring that the private offended party does not forfeit their right to file a separate civil action due to prescription.

Applying these principles to the case at hand, the Supreme Court concluded that the death of accused-appellant Romeo Antido y Lantayan extinguished the criminal action against him. The Court emphasized that there was no longer a defendant to stand as the accused, and the civil action instituted therein for the recovery of civil liability ex delicto was also extinguished, as it was grounded on the criminal action. However, the Court clarified that the victim, AAA, could still pursue a separate civil action against the estate of accused-appellant based on sources other than delicts, as may be warranted by law and procedural rules.

In its resolution, the Supreme Court formally set aside its earlier resolution dated April 7, 2014, dismissed Criminal Case No. 03-212115 before the Regional Trial Court of Manila, Branch 29, and declared the case closed and terminated. This decision serves as a clear illustration of the principle that the death of an accused prior to final judgment results in the extinguishment of criminal liability, along with civil liability arising solely from the criminal act. The victim, however, retains the right to pursue civil remedies based on other sources of obligation, such as quasi-delict, against the estate of the deceased.

The implications of this ruling are significant. It reinforces the constitutional right of an accused to be presumed innocent until proven guilty beyond a reasonable doubt, a right that cannot be exercised by a deceased person. It also highlights the importance of distinguishing between civil liability arising from the criminal act itself and civil liability arising from other sources. While the former is extinguished upon the death of the accused, the latter survives and may be pursued through appropriate legal channels.

FAQs

What was the key issue in this case?	The key issue was whether the death of the accused-appellant prior to the final judgment of his conviction extinguished his criminal liability and the corresponding civil liabilities.
What does Article 89(1) of the Revised Penal Code state?	Article 89(1) of the Revised Penal Code states that criminal liability is totally extinguished 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.
What happens to the civil liability in a criminal case when the accused dies?	The civil liability based solely on the criminal offense is extinguished. However, if the civil liability can be predicated on other sources of obligation such as law, contracts, quasi-contracts or quasi-delicts, it survives and can be pursued in a separate civil action.
What are the possible sources of civil liability other than the criminal act itself?	Other sources of civil liability include law, contracts, quasi-contracts, and quasi-delicts, as enumerated in Article 1157 of the Civil Code.
What procedural steps must the offended party take to pursue surviving civil liabilities?	The offended party must file a separate civil action against the executor, administrator, or the estate of the accused, subject to Section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended.
Does the statute of limitations affect the right to file a separate civil action?	No, the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case, ensuring that the offended party does not lose their right to file a separate civil action due to prescription.
What was the final ruling of the Supreme Court in this case?	The Supreme Court set aside its earlier resolution affirming the conviction, dismissed the criminal case against the accused-appellant due to his death, and declared the case closed and terminated.
Can the victim still seek damages after the criminal case is dismissed due to the accused’s death?	Yes, the victim can file a separate civil action against the estate of the accused-appellant based on sources other than delicts, as may be warranted by law and procedural rules.

The Supreme Court’s decision in People v. Antido reinforces the fundamental principle that death extinguishes criminal liability and provides clarity on the survival of civil liabilities. This ruling has significant implications for both the accused and the victims of crimes, ensuring that justice is tempered with fairness and that the rights of all parties are protected.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People v. Antido, G.R. No. 208651, March 14, 2018