Philippine Supreme Court Resolutions > Year 2008 > February 2008 Resolutions > [G.R. No. 177226 : February 27, 2008] PEOPLE OF THE PHILIPPINES V. DOMINGO SALVADOR :

Quoted hereunder, for your information, is a resolution of this Court dated 27 February 2008:

G.R. No. 177226 (People of the Philippines v. Domingo Salvador)

This is an appeal from the Decision dated October 27, 2006 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 01538 entitled People of the Philippines v. Domingo Salvador, which affirmed the Decision dated August 13, 1999 of the Regional Trial Court (RTC), Branch 36 in Santiago City, Isabela in Criminal Case No. 36-2343, convicting accused-appellant Domingo Salvador of rape. The RTC disposed of the case, as follows:

WHEREFORE in light of the foregoing considerations the Court finds the accused Domingo Salvador GUILTY beyond reasonable doubt of the crime of rape and hereby sentences him to the penalty of reclusion perpetua. He is also ordered to pay the offended girl [AAA] the sum of Fifty Thousand Pesos (P50,000.00).
SO ORDERED.^[1]

On appeal, the CA, in its Decision dated October 27, 2006, disposed of the case, as follows:

WHEREFORE, premises considered, the appealed Decision is hereby AFFIRMED with the MODIFICATION that accused-appellant DOMINGO SALVADOR is ordered to pay the victim the amount of P50.000.00 as civil indemnity, in addition to the award of P50,000.00 already granted by the trial court, as moral damages.
SO ORDERED.^[2]

On September 3, 2007, this Court required the parties to submit supplemental briefs, if they so desired. The parties manifested their willingness to submit the case on the basis of the records already submitted.

On October 9, 2007, the Bureau of Corrections in Muntinlupa City informed this Court of the death of accused-appellant on August 3, 2002^[3] at the NBP Hospital in Muntinlupa City as shown by his certificate of death^[4].

Considering the allegations, issues, and arguments adduced in the appeal, the Court resolves to ADOPT the findings of fact and conclusions of law in the Decision dated October 27, 2006 of the CA in CA-G.R. CR-H.C. No. 01538, finding accused-appellant guilty beyond reasonable doubt of the crime of rape.

However, in accordance with Article 89, paragraph 1 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.

The death of the accused pending appeal and prior to final judgment extinguishes criminal liability. With respect to the civil liability of the accused, the same is extinguished if it arises directly from or based solely on the offense committed.^[5]

WHEREFORE, the instant appeal is DISMISSED. The appealed Decision is SET ASIDE by reason of the death of accused-appellant Domingo Salvador, and Criminal Case No. 36-2343 is DISMISSED.

No costs.

SO ORDERED. Quisumbing, J., on official leave; Azcuna, J., designated additional member pursuant to Adm. Circular No. 84-2007.

Endnotes:

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^[1] CA rollo, p. 34.

^[2] Rollo, p. 24.

^[3] Id. at 29.

^[4] Id. at 30.

^[5] People v. Bayotas, G.R. No. 102007, September 2, 1994, 236 SCRA 239, 255.