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[G.R. Nos. 98494-98692. September 21, 2004]

ALVIZO vs. SANDIGANBAYAN

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 21 2004 .

G.R. Nos. 98494-98692 (Rogelio Alvizo, et al. vs. Sandiganbayan and People of the Philippines.)

G.R. Nos. 99006-20 (Joselito J. Genson vs. Sandiganbayan and People of the Philippines.)

G.R. Nos. 99059-99259 (Efren Coyoca vs. Sandiganbayan and People of the Philippines.)

G.R. Nos. 99309-18 (Oscar Belcina vs. Sandiganbayan and People of the Philippines.)

G.R. Nos. 99412-16 and 99436-99636 (Harvey Ruiz, et al. vs. Sandiganbayan and People of the Philippines.)

G.R. Nos. 99417-21 and 99637-99837 (em>Santos Cabusas, et al. vs. Sandiganbayan and People of the Philippines.)

G.R. Nos. 99887-100084 (Rafael Rabaya, Jr., et al. vs. Sandiganbayan and People of the Philippines.)

In a Resolution dated December 9, 2003, we directed the service of a copy of our Decision dated July 17, 2003 in the above-mentioned cases to petitioner Efren Coyoca himself since the notice addressed to his counsel, Atty. Basilio E. Duaban, was returned unserved with notation "RTS moved". However, the Resolution was also returned unserved with a notation "Party Deceased".

Per our Resolution dated June 8, 2004, the Office of the Solicitor General (OSG) submitted a Manifestation that it had asked the assistance of the Regional Office of the National Bureau of Investigation (NBI) in Cebu City to verify the death of petitioner Coyoca, a resident of Cebu City. On August 16, 2004, the OSG filed its Report that based on the verification report of Atty. Reynaldo O. Esmeralda, Director for Central Visayas, NBI, petitioner Efren Coyoca y Mantos died on March 12, 1998 at Chong Hua Hospital, Cebu City. Attached to their Report were the Certification dated March 17, 1998 issued by the Office of the Civil Registrar of Cebu City and petitioner Coyoca's Certificate of Death No. 98-1120 filed with the Civil Registry.

It appearing that the death of petitioner Coyoca occurred prior to the promulgation of the judgment which has not yet become final, his criminal liability together with his civil liability arising therefrom, is thereby extinguished, pursuant to Article 89(a) of the Revised Penal Code and People vs. Bayotas. 1

WHEREFORE, the decision of the Court in the criminal cases filed against petitioner Efren Coyoca y Mantos is RECALLED and his appeal as well as the criminal cases filed against him are DISMISSED on account of his death on March 12, 1998.

Chico-Nazario, J., on leave

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court

Endnotes:

1 236 SCRA 239, 255.

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