People vs. Bunay

The death of the accused during the pendency of an appeal totally extinguishes criminal liability and the civil liability based exclusively on the crime (ex delicto), provided no final judgment of conviction has yet been rendered.

Accused Bringas Bunay y Dam-at was charged with and convicted of qualified rape by the Regional Trial Court of Luna, Apayao, which imposed the death penalty on December 11, 2001. Following his commitment to the New Bilibid Prison, the case underwent automatic review, initially by the Supreme Court and subsequently by the Court of Appeals pursuant to People v. Mateo. The Court of Appeals affirmed the conviction on August 10, 2005. After the denial of his motion for reconsideration, the accused elevated the matter to the Supreme Court. While the appeal was pending, the Bureau of Corrections notified the Court of the accused's death on March 25, 2010, which was subsequently confirmed by the submission of his death certificate.

• The Conviction: On December 11, 2001, the RTC of Luna, Apayao, Branch 26, found Bringas Bunay y Dam-at guilty beyond reasonable doubt of qualified rape, sentencing him to death and ordering him to pay the victim "AAA" ₱75,000.00 as civil indemnity and ₱60,000.00 as moral and exemplary damages.
• The Review: The conviction underwent automatic review by the Supreme Court, which transferred the case to the Court of Appeals for intermediate review conformably with People v. Mateo. The CA affirmed the RTC decision on August 10, 2005. The accused appealed to the Supreme Court after the CA denied his motion for reconsideration.
• Death of the Accused: On April 20, 2010, the Court received notice from the Bureau of Corrections that the accused had died on March 25, 2010, at the New Bilibid Prison Hospital. The medical report listed cardio-respiratory arrest as the immediate cause of death and pneumonia as the antecedent cause. The Chief Superintendent of the New Bilibid Prison submitted the certified true copy of the death certificate on August 16, 2010.

• Criminal Liability: Whether the death of the accused during the pendency of his appeal extinguishes his criminal liability.
• Civil Liability: Whether the death of the accused during the pendency of his appeal extinguishes his civil liability.

• Criminal Liability: Criminal liability was totally extinguished by the death of the accused during the pendency of his appeal, pursuant to Article 89 of the Revised Penal Code. Death extinguishes personal penalties, and pecuniary penalties are extinguished when the offender's death occurs before final judgment.
• Civil Liability: Civil liability ex delicto was likewise extinguished because no final judgment of conviction had been rendered at the time of the accused's death. Only civil liability predicated on a source of obligation other than the delict survived the death of the accused, which the offended party may recover by means of a separate civil action.

• Extinction of criminal liability by death pending appeal — Under Article 89 of the Revised Penal Code, criminal liability is totally extinguished by the death of the convict as to personal penalties; pecuniary penalties are extinguished if death occurs before final judgment. The death of the accused during the pendency of his appeal completely extinguishes his criminal liability.
• Extinction of civil liability ex delicto upon death pending appeal — The death of the accused during the pendency of his appeal extinguishes the civil liability based exclusively on the crime (ex delicto) if no final judgment of conviction has yet been rendered. Only civil liability arising from a source of obligation other than the delict survives the death of the accused, recoverable via a separate civil action.

• "Under the foregoing circumstances, the death of the accused during the pendency of his appeal in this Court totally extinguished his criminal liability." — Reiteration of the statutory effect of death pending appeal on criminal liability under Article 89 of the Revised Penal Code.
• "The death of the accused likewise extinguished the civil liability that was based exclusively on the crime for which the accused was convicted (i.e., ex delicto), because no final judgment of conviction was yet rendered by the time of his death. Only civil liability predicated on a source of obligation other than the delict survived the death of the accused, which the offended party can recover by means of a separate civil action." — Defines the scope of surviving civil liability upon the death of the accused before final judgment.

• People v. Mateo, G.R. Nos. 147678-87, 7 July 2004, 433 SCRA 640 — Followed. Cited as the controlling procedural directive for transferring cases imposing the death penalty to the Court of Appeals for intermediate review before elevation to the Supreme Court.
• People v. Bayotas, G.R. No. 102007, September 2, 1994, 236 SCRA 239 — Applied. Established the rule that the death of the accused pending appeal extinguishes criminal liability and civil liability ex delicto where no final judgment of conviction has been rendered, leaving only civil liability from other sources to survive.

• Article 89, Revised Penal Code — Provides that criminal liability is totally extinguished by the death of the convict as to personal penalties, and as to pecuniary penalties, liability is extinguished only when the death of the offender occurs before final judgment. Applied to totally extinguish the accused's criminal liability upon his death during the pendency of his appeal.

Corona, C.J., Carpio, Carpio Morales, Velasco, Jr., Nachura, Leonardo de Castro, Brion, Peralta, del Castillo, Abad, Villarama, Jr., Perez, Mendoza, and Sereno, JJ.