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[G.R. No. 120235.December 13, 1999]

PEOPLE vs. DELOS SANTOS

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of Court dated DEC 13, 1999.

G.R. No. 120235(People vs. AIex delos Santos y Santos.)

On September 30 , 1999, the Court rendered judgment convicting accused Alex delos Santos y Santos. of rape, the dispositive portion of which reads:

"WHEREFORE, the Court AFFIRMS the appealed decision with MODIFICATION. The Court finds accused ALEX DE LOS SANTOS y SANTOS guilty beyond reasonable doubt of rape committed against Rubilita Ganto y Fernandez, as defined and penalized under Article 335 of the Revised Penal Code, before its. repeal by R.A. No. 8353, effective on October 7, 1997, without aggravating or mitigating circumstances, and. sentences him to suffer the penalty of reclusion perpetua, with the accessory penalties of the law, and to indemnify the victim Rubilita Ganto y Fernandez in the amount of P50,000.00 as civil indemnity, plus P50,000.00 as moral damages." ¹ Rollo , pp. 100-109.

Thereafter, a copy of the judgment was served upon the Director, Bureau of Corrections, Muntinlupa City. On November 10, 1999, Fortunato D. Ursudan, Chief, Administrative Division, Bureau of Corrections, returned the notice of judgment to the Clerk of Court, First Division, unserved with the information that accused Alex delos Santos died at the NBP hospital on May 31, 1999.

The accused died before the Court rendered final judgment. Hence, his criminal liability and civil liability ex delicto were extinguished by his death ² People v. Alison, 44 SCRA 523, 525 (1972): People v. Bayotas, 236 SCRA 239, 255 (1994); Villegas v. Court of Appeals, 271 SCRA 148, 153 (1997).

In view of the foregoing, we hereby set aside the decision promulgated on September 30, 1999, and render judgment dismissing the case and absolving the accused of civil liability arising from the offense.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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