PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. SPO2 NAPOLEON VILLAGANES, ACCUSED-APPELLANT. RESOLUTION

On October 29, 2013, Julieta M. Villaganes, wife of
accused-appellant SPO2 Napoleon Villaganes (“accused-appellant” for
brevity) filed a “MANIFESTATION with Motion to Dismiss Due to Death of
the Accused-Appellant”^[1] (“Manifestation” for brevity) praying that accused-appellant’s Appeal^[2] at bench be dismissed due to accused-appellant’s death.

A certified true copy of the Certificate of Death^[3] of accused-appellant showing that accused-appellant died on June 26, 2013 was attached to the Manifestation^[4].

As a result of accused-appellant’s death, his criminal and
pecuniary liabilities were extinguished, as is pursuant to Article 89
(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. xxx” (Emphasis supplied)

The death of an accused, such as accused-appellant here, pending
the appeal of his conviction extinguishes his criminal liability and
civil liability ex delicto, is in accordance with the following pronouncement of the Supreme Court in People of the Philippines vs. Nelson Bayot y Satina, G.R. No. 200030, April 18, 2012:

“From the foregoing, it is clear that the death of the
accused pending appeal of his conviction extinguishes his criminal
liability, as well as the civil liability ex delicto. The
rationale, therefore, is that 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.

Evidently, as this Court has pronounced in People v. Olaco and People v. Paniterce, it
is already unnecessary to rule on appellant’s appeal. Appellant’s
appeal was still pending and no final judgment had been rendered against
him at the time of his death. Thus, whether or not appellant was guilty
of the crime charged had become irrelevant because even assuming that
appellant did incur criminal liability and civil liability ex delicto,
these were totally extinguished by his death, following the provisions of Article 89(1) of the Revised Penal Code and this Court’s ruling in People v. Bayotas.” (Emphasis supplied)

WHEREFORE, in view of the death of accused-appellant, the Decision^[5] dated June 8, 2006 of the Regional Trial Court of Malabon City, Branch 169, is SET ASIDE. Accordingly, Criminal Case No. 20279-MN is DISMISSED.

SO ORDERED.

Dicdican (Chairperson) and Paredes, JJ., concur.

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^[1] Rollo, pp. 134 – 135

^[2] Rollo, pp. 72 – 80

^[3] Rollo, pp. 137 – 138

^[4] Rollo, pp. 134 – 135

^[5] Rollo, pp. 26 – 30