PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GREGORIO SUMAYA Y DALOGDOG, ACCUSED-APPELLANT.

Accused-appellant Gregorio Sumaya y Dalogdog was charged 30
October 1989 with rape and attempted rape four (4) separate informations before
the Regional Trial Court of Iligan City,
Branch 6^[1],
docketed as Criminal Cases Nos. 06-2298, 2304, 2306, and 2305.

Upon arraignment, the accused pleaded not guilty to the
charges. Trial on the merits ensued and
was in due course concluded. A decision
was rendered finding accused guilty of the
afore-stated charges. From the judgment
of conviction, accused interposed an appeal to this Court.

During the pendency of the appeal, or on 22 May 1993,
accused-appellant died of cardio-pulmonary arrest at the San Ramon Prison and
Penal Farm in Zamboanga City, where he was detained. On 26 July 1993, the Court issued a resolution requiring
plaintiff-appellee to file its comment in connection with the death of
accused-appellant. In compliance
therewith, plaintiff-appellee filed its comment^[2]
citing the ruling in People vs.
Sendaydiego^[3] and urging that while the death of
accused-appellant extinguished his criminal
liability, the civil liability remains.

In the recent ruling laid down in People vs. Rogelio Bayotas,^[4] this Court held:

“x x x Upon the death of
the accused pending appeal of
his conviction, 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.”

The present case deals with civil liability ex delicto, that is, civil liability arising from the
offenses charged in the criminal cases. The records do not disclose any civil liability of the accused?appellant possibly arising from other sources
such as contract, quasi-contract, quasi-delict or law. Consequently, we see no further need
to discuss the merits of the appeal.

WHEREFORE, the appeal of the late Gregorio Sumaya is DISMISSED. This case is declared and
terminated.

SO ORDERED.

Davide, Jr., Bellosillo, Quiason, and
Kapunan, JJ., concur.

^[1]
Presided over by Hon. Valerio M. Salazar.

^[2]
Rollo, pp. 167-170.

^[3]
81 SCRA 120 (1978).

^[4]
G.R. No. 102007, September 2, 1994.