People v. Robles

 

People v. Robles

G.R. No. 229943

March 18, 2019

FACTS:

                CA convicted Edgar Robles and Wilfredo Robles of the crime of Murder. before an Entry of Judgment could be issued in this case, the Court received a Notice of Death dated January 4, 2019 from accused-appellants' counsel informing the Court of Edgar's death on December 15, 2018, as evidenced by the Certificate of Death attached thereto.

ISSUE:

                Whether or not the death of Edgar extinguishes his criminal liability.

HELD:

                Yes. Revised Penal Code provides that criminal liability is totally extinguished by the

death of the accused, to wit: 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 therefore is extinguished only when the death of the offender occurs before final judgment. In People v. Culas, 1.) Death of the accused pending appeal of his conviction extinguishes his criminal liability, as well as the civil liability, based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore." 2.) Corollarily, the claim for civil liability survives notwithstanding the death of accused, if the same may also be predicated on a source of obligation other than delict. Article 1157 of the Civil Code enumerates these other sources of obligation from which the civil liability may arise as a result of the same act or omission: a) Law b) Contracts c) Quasi-contracts d)Acts or omissions punishable by law e) Quasi-delicts 3.) Where the civil liability survives, as explained in Number 2 above, an action for recovery therefore may be pursued but only by way of filing a separate civil action and subject to Section 1, Rule 111 of the 1985 Rules on Criminal Procedure, as amended. This separate civil action may be enforced either against the executor/administrator or the estate of the accused, depending on the source of obligation upon which the same is based as explained above. 4.) Finally, the private offended party need not fear a forfeiture of his right to file this separate civil action by prescription, in cases where during the prosecution of the criminal action and prior to its extinction, the private offended party instituted together therewith the civil action. In such case, the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case, conformably with [the] provisions of Article 1155 of the Civil Code, that should thereby avoid any apprehension on a possible privation of right by prescription. Thus, upon Edgar's death prior to his final conviction, the criminal action against him is extinguished. Consequently, the civil action instituted therein for the recovery of the civil liability ex delicto as to him is ipso facto extinguished, grounded as it is on the criminal action. However, it is well to clarify that Edgar's civil liability in connection with his acts against the victim may be based on sources other than delicts; in which case, the victim's heirs may file a separate civil action against Edgar's estate, as may be warranted by law and procedural rules.