Philippine Supreme Court Resolutions

G.R. No. 194070 (People of the Philippines v. Benjamin Galicia y Roblas). � Accused-appellant Benjamin Galicia was tried and eventually convicted of five counts of rape by the Regional Trial Court (RTC), Branch 25, in Naga City. The dispositive portion of the Joint Judgment dated 03 April 2007, in Criminal Cases Nos. 2004-0034 to 43, reads as follows: 

WHEREFORE, in view of all the foregoing, judgment is hereby rendered finding, the accused guilty beyond reasonable doubt in five (5) counts of rape, namely, Crim. Cases Nos. 2004-0034, 2004-0035, 2004-0036, 2004-0037 and 2004-0038, and hereby sentences him to suffer the penalty of reclusion perpetua and to pay the complainant the sum of Php 50,000.00 as civil indemnity, Php 50,000.00 as moral damages and Php 50,000.00 as exemplary damages, for each count. 

Considering that accused has been under preventive detention during the pendency of the trial in these cases, let the same be credited in the service of his sentence, if still applicable. 

SO ORDERED.^[1]

Thereafter, the RTC issued a Final Commitment Order dated 25 April 2007 committing accused-appellant Galicia to the National Bilibid Prison in Muntinlupa City.^[2]

On 07 May 2007, accused-appellant Galicia, through the Public Attorney's Office, filed a Notice of Appeal.^[3] His appeal was eventually docketed with the Court of Appeals as CA-G.R. CR-H.C. No. 02818.

After the parties filed their respective briefs,^[4] the Court of Appeals promulgated its Decision denying the appeal of accused-appellant Galicia and affirming his conviction in toto:  

WHEREFORE, premises considered herein appeal is hereby DENIED for evident lack of merit and the challenged RTC Decision promulgated on 25 April 2007 is AFFIRMED  in toto.^[5]

Following the adverse Decision of the appellate court, accused-appellant appeals to this Court through a Notice of Appeal.^[6] The Court resolved to accept his appeal and notified the parties to file their supplemental briefs, if they so desired.^[7] Plaintiff-appellee Republic, through the Office of the Solicitor General, however, manifested that it would no longer file a supplemental brief, as the issues had been exhaustively discussed in its appellate brief.^[8] Similarly, the Public Attorney's Office, counsel for accused-appellant Galicia, adopted its brief in the appellate proceedings as its supplemental brief to the instant appeal with this Court.^[9]

Pursuant to the directives of the Court, the Bureau of Corrections confirmed receipt of the custody of accused-appellant in the New Bilibid Prison on 16 November 2007.^[10] 

While the appeal was still pending, the Court, on 24 April 2012, received a Notice from the Bureau of Corrections advising it that accused-appellant Galicia had died at the New Bilibid Prison Hospital on 03 December 2011.^[11] In compliance with the Court's Resolution,^[12] the Bureau of Corrections thereafter sent accused-appellant's Certificate of Death, in which the immediate cause of death was recorded as "Squamous Cell Carcinoma, Well Differentiated (L) Axillary Area."^[13] 

The death of accused-appellant Galicia during the pendency of his appeal in this Court results in the total extinguishment of his criminal liability for the five counts of rape. Under Article 89 of the Revised Penal Code, criminal liability, as applied to personal penalties, is totally extinguished by the death of the convict.^[14]

Moreover, the death of accused-appellant during the pendency of their appeal extinguishes not only their criminal liabilities, but their civil liabilities as well for damages arising solely from the said crimes.^[15] "The death of the accused likewise extinguished the civil liability that was based exclusively on the crime for which the accused was convicted (i.e., ex delicto), because no final judgment of conviction was yet rendered by the time of his death. Only civil liability predicated on a source of obligation other than the delict survived the death of the accused, which the offended party can recover by means of a separate civil action."^[16] cralaw

WHEREFORE, the appeal of accused-appellant Benjamin Galicia y Roblas is DISMISSED, and this criminal case is considered CLOSED AND TERMINATED.

Very truly yours, 

(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court

Endnotes:

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^[1] RTC Joint Judgment dated 03 April 2007, pp. 9-10; CA rollo, pp. 81-82.

^[2] Final Commitment dated 25 April 2007; CA rollo, p. 86. 

^[3] Notice of Appeal dated 07 May 2007; CA rollo, pp. 83-84. 

^[4] Brief for Accused-Appellant dated 07 December 2007 (CA rollo, pp. 114-133); Brief for Appellee dated 14 April 2008 {CA rollo, pp. 155-178). 

^[5] The Second Division of the Court Appeals, composed of then Justices Portia Ali�o-Hormachuelos (Chair), Japar B. Dimaampao and Jane Aurora C. Lantion (ponente), issued the assailed CA Decision dated 25 May , (CA rollo, p. 204) 

^[6] Notice or Appeal dated 16 June 2010; CA rollo, pp. 208-209. 

^[7] SC Resolution dated 06 December 2010; rollo, pp. 27-28. 

^[8] Manifestation (In Lieu of Supplemental Brief) dated 04 March 2011; rollo, pp. 36-38. 

^[9] Manifestation (In Lieu of Supplement Brief) dated 24 March 2011; rollo, pp. 39-42. 

^[10] Bureau of Corrections Compliance dated 26 February 2011 signed by Rodrigo A. Mercado, Assistant Director for Prison and Security; rollo, p. 29. 

^[11] Bureau of Corrections letter dated 23 April 2012 signed by P/Supt. Richard W. Schwarzkopf, Jr., Officer-in-Charge, New Bilibid Prison. 

^[12] SC Resolution dated 01 February 2012. 

^[13] Certificate of Death dated 12 December 2011 signed by Dr. Ma. Lourdes M. Razon, Medical Specialist I of the NBP Hospital in Muntinlupa City. 

^[14] "Criminal liability is extinguished: xxx (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� (Revised Penal Code, Article 89 [I]). 

^[15] People v. Paniterce, G.R. No. 186382, 05 April 2010, 617 SCRA 389. 

^[16] People v. Bunay, G.R. No. 171268, 14 September 2010, 630 SCRA 445, citing People v. Bayotas, G.R. No. 102007, 02 September 1994, 236 SCRA 239.