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[G.R. No. 121903. June 18, 2001]

PEOPLE OF THE PHILIPPINES vs. CABUGUANG

THIRD DIVISION

Gentlemen:

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. 54.

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 warranted.

SO ORDERED.

Very truly yours,

JULIETA Y. CARREON

Clerk of Court

(Sgd.) LUCITA ABJELINA-SORIANO

Asst. Clerk of Court

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