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[ G.R. No. 134576. June 21, 1999]

PEOPLE OF THE PHILS. vs. RAMON HERNAIZ y DELGADO

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 21, 1999.

G.R. No. 134576 (People of the Philippines vs. Ramon Hernaiz y Delgado.)

On June 5, 1996, the Regional Trial Court, Branch 93, Quezon City1 [Presided over by Judge Demetrio B. Macapagal, Sr.] convicted accused-appellant Ramon Hernaiz y Delgado of murder committed against Solomon Obniala, and sentenced him to suffer the penalty of reclusion perpetua, and pay the heirs P50,000.00 as indemnity for death and P21,000.00, as actual damages.

On June 27, 1996, accused, was transferred to the custody of National Bureau of Prisons for commitment.

On July 3, 1996, accused, through counsel, filed a notice of appeal with the trial court. On February 17, 1999, we required accused-appellant to file appellant's brief within thirty (30) days from receipt.

On March 18, 1999, the Department of Justice, Bureau of Corrections, informed this Court that accused Ramon D. Hernaiz died on April 24, 1997, as evidenced by his death certificate.2 [Death certificate, Rollo, p. 35.]

The death of the accused pending appeal of his conviction extinguishes both his criminal and civil liability ex delicto. 3 [People v. Bayotas, 236 SCRA 239.]

WHEREFORE, the information filed against accused-appellant Ramon Hernaiz y Delgado is hereby dismissed. Costs de oficio.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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