THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ANTONIO OLIVAR @ “TONIO”, ACCUSED-APPELLANT.
PEREZ, J.:
Pending appeal of his conviction, herein accused-appellant died on 13 January 2015 due to Cardiopulmonary Arrest secondary to Status Asthmaticus.[2] This fact was made known to this Court through a letter dated 19 January 2015 from Gerardo F. Padilla, Officer-in-Charge of the Davao Prison and Penal Farm, Bureau of Corrections[3] to which was attached an original duplicate of the death certificate of Antonio Role Olivar issued by the Office of the Municipal Registrar of Braulio E. Dujali, Davao del Norte.[4]
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; xxx
Given the foregoing, the demise of the accused-appellant pending appeal of his conviction extinguishes his criminal liability and civil liability ex delicto.
WHEREFORE, the appeal is hereby DISMISSED due to the demise of the accused-appellant before final judgment.
SO ORDERED.
Camello, J., Chairperson, and Inting, JJ., concur.
[1] Rollo, p 33.
[2] Rollo, p 62 (Death Certificate).
[3] Rollo, p 60.
[4] Id., at 2.