THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ANTONIO OLIVAR @ “TONIO”, ACCUSED-APPELLANT.

Decisions / Signed Resolutions January 19, 2015 TWENTY-SECOND DIVISION PEREZ, J.:


PEREZ, J.:


Accused-appellant Antonio Olivar was convicted by the Regional Trial Court, Branch 8, Malaybalay City, Bukidnon in Criminal Case No. 13023-03 for Rape and sentenced to suffer the penalty of reclusion perpetua.[1]

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.