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[G.R. No.124125.February 28, 2001]

DE LEON vs. RTC BR. 22 OF KABACAN, NORTH COTABATO

SECOND DIVISION

Gentlemen:

Quoted hereunder for your information, is a resolution of this Court dated FEB 28 2001.

G.R. No. 124125(Ben B. De Leon vs. Regional Trial Court, Branch 22 of Kabacan, North Cotabato, presided by Judge Braulio L. Hurtado, Jr. et. al.)

In a Manifestation 1 Rollo, p. 366-368.dated August 4, 1999, Atty. Eduardo C. De Vera, counsel for petitioner Ben B. De Leon, informed the Court that petitioner was gunned down by unknown assailants last May 24, 1999 and has passed away as a result of the attack. Despite this fact, petitioner's counsel requests this Court to decide the instant case on its merits, reasoning that the Court had already given due course to the petition and that the issue raised is a novel question of law.

After careful deliberation of counsel's submission and taking into consideration the circumstances under which this original action was filed, we have come to the conclusion that the instant petition for certiorari, prohibition and mandamus must be dismissed.

It should be noted that the petition before us is merely an offshoot of criminal proceedings instituted before Branch 22 of the Regional Trial Court of Kabacan, North Cotabato against petitioner for Illegal Possession of Firearm. In view of petitioner's death, there would be no reason for the trial court to continue with the criminal case because petitioner's culpability for the offense charged can no longer be adjudged. Petitioner was neither arraigned nor brought to trial, much less convicted of the charge against him. In other words, the trial court would have no other recourse but to dismiss the criminal action since petitioner's criminal liability was extinguished by his death before final judgment. 2 Revised Penal Code, Art.89 states:

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 therefore is extinguished only when the death of the offender occurs before final judgement;

xxx

Consequently, a ruling from this Court with respect to an incident in said criminal action would serve no purpose whatsoever. We cannot accept counsel's position that the novelty of the issue raised requires a definitive pronouncement from this Court. Aside from being unmeritorious, sound practical considerations dictate that this petition be dismissed for being moot and academic.

WHEREFORE, the petition is DISMISSED. The Regional Trial Court (Branch 22) of Kabacan, North Cotabato is hereby ordered to dismiss forthwith Criminal Case No. 262, provided it has not yet done so.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court


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