[G.R. No. 121903. June 18, 2001]
PEOPLE OF THE PHILIPPINES vs. CABUGUANG
Quoted hereunder, for your information, is a resolution of this Court
dated JUN 18 2001.
G.R. No. 121903 (People of
the Philippines vs. Vicente Cabuguang, alias "Teting".)
Before this Court are the LETTER
dated January 26, 2001 of Felipe R. Ruiz, Jr., Officer in Charge of the Leyte
Regional Prison at Abuyog, informing this Court that accused-appellant Vicente Cabuguang
died on November 15, 1999 at the LRP Clinic as shown by the attached Death
Report signed by Dr. Susan C. Urgel M.D. of the Leyte Regional Prison 1 Rollo,
p. 153.; and MANIFESTATION dated February 15, 2001 filed by Atty.
Francisco P. Martinez stating that the accused-appellant died on November 15,
1999 per his Certificate of Death. 2 Rollo, p. 156.
Accused-appellant was convicted
of murder by the Regional Trial Court, Branch 6, Tacloban City and was
sentenced to suffer the penalty of reclusion perpetua and to indemnify
the heirs of Nicolas Verona the sum of P50, 000.00 without subsidiary
imprisonment in case of insolvency. 3
Decision dated May 3, 1994 rendered by
Presiding Judge Getuldo M. Francisco, RTC, Branch 6, Tacloban City, Rollo, p.
Pursuant to Article 89,
paragraph I of the Revised Penal Code, criminal liability is totally
extinguished 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.
In People vs. Bayotas, 4 236
SCRA 239 (1994).this Court ruled that the death of the accused pending
appeal of his conviction extinguishes his criminal liability as well as the
civil liability based solely thereon.
WHEREFORE, the instant
appeal is DISMISSED without prejudice to the filing by the heirs of
Nicolas Verona of an independent action for civil liability as may be
Very truly yours,
JULIETA Y. CARREON
Clerk of Court
(Sgd.) LUCITA ABJELINA-SORIANO
Asst. Clerk of Court