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[ G.R. No. 119409. August 25, 1999]

ELI QUEMEDA vs. CA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated AUG 25, 1999.

G.R. No. 119409 (Eli Quemeda vs. Court of Appeals, Everett Steamship Corp., and People of the Philippines.)

The Municipal Trial Court of Davao City convicted petitioner Eli Quemeda of forty-three (43) counts of estafa as defined and penalized under Art. 315 of the Revised Penal Code, and sentenced him to prison term of one (1) year for each count of estafa. On appeal, petitioner's conviction was affirmed by the Regional Trial Court. Petitioner was sentenced to six (6) years of arresto mayor, as minimum, to twelve (12) years, six (6) months and three (3) days of prision mayor, as maximum, for all counts of estafa. The sentence, as modified, was affirmed by the Court of Appeals. Hence, this petition for review.

On October 9, 1998, however, Atty. Melchor V. Quitain filed a manifestation informing the Court that petitioner Eli Quemada had passed away on August 21, 1998 in Davao City. As a mere photocopy of petitioner's certificate of death was attached to the manifestation, the Court required Atty. Quitain to submit a certified true copy of petitioner's certificate of death. After receiving Atty. Quitain's compliance, the Court required the Solicitor General to comment.

In his comment, dated August 5, 1999, the Solicitor General states that the death of petitioner Eli Quemada during the pendency of the appeal of his conviction extinguished not only his criminal liability but also his civil liability arising from the crime pursuant to Art. 89 of the Revised Penal Code and the ruling in People v. Bayotas, 236 SCRA 239 (1994).

Finding the Solicitor General's comment to be well taken, the Court RESOLVED to DENY the instant petition for review.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court

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