People vs. Soria

The death of an accused pending appeal, before final judgment, extinguishes his criminal liability and civil liability ex delicto, rendering any conviction irrelevant and ineffectual and requiring dismissal of the criminal case.

Benjamin Soria y Gomez was the accused-appellant in Criminal Case No. Q-01-98692, a prosecution for rape by sexual assault against “AAA” that originated in the RTC of Quezon City, Branch 94. On November 14, 2012, the SC rendered its Decision in the case finding Soria guilty beyond reasonable doubt of rape by sexual assault. The dispositive portion affirmed the December 29, 2006 Decision of the CA in CA-G.R. CR-H.C. No. 01442 with modifications, sentenced Soria to twelve years of prision mayor as minimum to twenty years of reclusion temporal as maximum, and ordered him to pay “AAA” P30,000.00 as civil indemnity, P30,000.00 as moral damages, and P30,000.00 as exemplary damages, plus interest at the legal rate of 6% per annum from the date of finality of the judgment until fully paid. The Decision was said to have become final and executory on December 20, 2012.

Subsequently, the SC received a letter from the Bureau of Corrections informing it that Soria had died on August 16, 2012. In compliance with the SC’s directive, the Director of the Bureau of Corrections submitted on November 11, 2013 a certified true copy of Soria’s death certificate.

Because Soria died on August 16, 2012, his death occurred before the promulgation of the SC’s November 14, 2012 Decision and before its finality on December 20, 2012; when he died, his appeal before the SC was still pending resolution.

• Death of Accused Pending Appeal: Whether the death of accused-appellant before the promulgation and finality of the SC’s Decision extinguishes his criminal liability and civil liability ex delicto and requires the setting aside of the Decision and dismissal of the criminal case.

• Death of Accused Pending Appeal: Yes. Under Article 89 of the Revised Penal Code, death before final judgment extinguishes criminal liability and pecuniary liability; following People vs. Amistoso, death pending appeal extinguishes criminal liability and civil liability ex delicto and renders the conviction irrelevant and ineffectual.

• Death of Accused Pending Appeal: Article 89 of the 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. The SC found that Soria died on August 16, 2012, before the November 14, 2012 Decision was promulgated and before it became final on December 20, 2012; his appeal was therefore still pending when he died. In People vs. Amistoso, the SC held that the death of the accused pending appeal of his conviction extinguishes his criminal liability as well as his civil liability ex delicto. The criminal action is extinguished because there is no longer a defendant to stand as the accused, and the civil action for recovery of civil liability ex delicto is ipso facto extinguished because it is grounded on the criminal case. The SC in Amistoso further held that the accused’s death before promulgation rendered the decision, even though affirming conviction, irrelevant and ineffectual; the decision had not become final, and the SC still had jurisdiction to set it aside. Applying the same rule, the SC held that its November 14, 2012 Decision finding Soria guilty had become irrelevant and ineffectual by reason of his death on August 16, 2012, and had to be set aside with the criminal case dismissed.

• Extinguishment of criminal liability by death — Article 89 of the 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 death occurs before final judgment. The SC applied this because Soria died before the November 14, 2012 Decision was promulgated and before it became final on December 20, 2012.
• Death pending appeal extinguishes civil liability ex delicto — Following People vs. Amistoso, the death of the accused pending appeal extinguishes not only criminal liability but also civil liability ex delicto. The criminal action is extinguished because there is no longer a defendant to stand as the accused, and the civil action for recovery of civil liability ex delicto is ipso facto extinguished because it is grounded on the criminal case.
• Conviction rendered irrelevant and ineffectual by death — A decision affirming conviction that is promulgated after the accused has died, while his appeal is still pending, is irrelevant and ineffectual. The SC set aside its November 14, 2012 Decision and dismissed the criminal case.

• “Criminal liability is totally extinguished: 1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment;” — The statutory basis under Article 89 of the Revised Penal Code for extinguishing criminal and pecuniary liability upon the convict’s death before final judgment.
• “the death of the accused pending appeal of his conviction extinguishes his criminal liability, as well as his civil liability ex delicto.” — The rule from People vs. Amistoso that the SC applied to Soria’s pending appeal.
• “Likewise, the November 14, 2012 Decision of this Court finding accused-appellant guilty beyond reasonable doubt of the crime of rape had become irrelevant and ineffectual by reason of his death on August 16, 2012.” — The SC’s application of the rule to the present case, rendering the prior conviction ineffectual.

• People vs. Amistoso, G.R. No. 201447, August 28, 2013 — Controlling precedent; the SC followed its ruling that the death of the accused pending appeal extinguishes criminal liability and civil liability ex delicto and renders the conviction irrelevant and ineffectual.

• 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 death occurs before final judgment. The SC applied it because Soria died before the Decision was promulgated and before it became final.

• Justice Arturo D. Brion (Dissenting in the November 14, 2012 Decision) — Separate opinion; its text is not included.