People v. Abungan
MODIFICATIONFacts
The Antecedents: Appellant Pedro Abungan, along with Randy Pascua and Ernesto Ragonton Jr. (both at large), was charged with murder for allegedly conspiring, confederating, and mutually helping one another to attack and shoot Camilo Dirilo, Sr. y Pajarito with long firearms, inflicting wounds that directly caused his death. The Information alleged treachery, evident premeditation, and superior strength. Procedural History: Appellant pleaded not guilty. The Regional Trial Court of Villasis, Pangasinan, Branch 50, convicted him of murder and sentenced him to reclusion perpetua, ordering him to pay P50,000.00 as indemnity to the heirs of the deceased. Appellant filed a Notice of Appeal. While his appeal was pending before the Supreme Court, he was committed to the New Bilibid Prison. He filed his Appellant's Brief, and the Appellee's Brief was submitted. The case was deemed submitted for resolution. The Petition: The Bureau of Corrections informed the Supreme Court that Appellant Abungan had died on July 19, 2000, at the NBP Hospital. A Death Certificate was attached.
Issue(s)
What is the effect of the death of an appellant on the criminal and civil liabilities pending appeal? Should the criminal case or the appeal be dismissed upon the death of the appellant during the pendency of the appeal?
Ruling
The criminal case against Pedro Abungan is dismissed, and the appealed Decision is set aside. Costs are de oficio.
Ratio Decidendi
On the effect of the death of an appellant on criminal and civil liabilities pending appeal: The death of appellant Pedro Abungan on July 19, 2000, during the pendency of his appeal, extinguished his criminal liability. This is in accordance with Article 89 (1) of the Revised Penal Code, which states that criminal liability is totally extinguished by the death of the convict as to personal penalties. Furthermore, his civil liability arising solely from the delict (ex delicto) was also extinguished because he died before the finality of the judgment against him. This ruling is consistent with the pronouncements in People v. Bayotas, which clarified that the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed. On the dismissal of the criminal case versus the appeal: The Court held that the death of Appellant Abungan would result in the dismissal of the criminal case against him, not merely the dismissal of the appeal. The Court noted that dismissing only the appeal, as was done in Bayotas, would effectively affirm the trial court's decision, which contradicts the principle that death extinguishes criminal and civil liabilities ex delicto. Therefore, the lower court's Decision finding him guilty and imposing penalties becomes ineffectual. The victims may pursue a separate civil action against his estate if the civil liability can be predicated on sources of obligation other than delict, such as law, contracts, quasi-contracts, or quasi-delicts, as provided in Article 1157 of the Civil Code.
Main Doctrine
The death of an appellant pending appeal and prior to the finality of conviction extinguishes both his criminal liability and his civil liability arising solely from the delict, necessitating the dismissal of the criminal case.