FIRST DIVISION

September 09, 2015

G.R. No. 207949

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
vs.
ARMANDO DIONALDO y EBRON, RENATO DIONALDO y EBRON, MARIANO GARIGUEZ, JR. y RAMOS, and RODOLFO LARIDO y EBRON, Accused-Appellants.

R E S O L U T I O N

PERLAS-BERNABE, J.:

On July 23, 2014, the Court rendered its Resolution1 in this case finding accused-appellants Armando Dionaldo y Ebron, Renato Dionaldo y Ebron (Renato), Mariano Gariguez, Jr. y Ramos, and Rodolfo Lari do y Ebron (accused-appellants) guilty beyond reasonable doubt of the special complex crime of Kidnapping for Ransom with Homicide, the dispositive portion of which reads:

WHEREFORE, the appeal is DISMISSED. The Decision dated February 15, 2013 of the Court of Appeals in CA-G.R. CR-H.C. No. 02888 is hereby AFFIRMED with the MODIFICATION that all the accused-appellants herein are equally found GUILTY of the special complex crime of Kidnapping for Ransom with Homicide, and are sentenced to each suffer the penalty of reclusion perpetua, without eligibility for parole, and to pay, jointly and severally, the family of the kidnap victim Edwin Navarro the following amounts: (1) PI00,000.00 as civil indemnity; (2) PI00,000.00 as moral damages; and (3) Pl00,000.00 as exemplary damages, all with interest at the rate of six percent (6%) per annum from the date of finality of judgment until fully paid.

SO ORDERED.

Accused-appellants collectively moved for reconsideration2 thereof, which the court denied with finality in its Resolution3 dated September 24, 2014.

On even date, the Court received a letter4 from the Bureau of Corrections dated September 16, 2014 informing Us of the death of one of the accused-appellants in this case, Renato, on June I 0, 2014, as evidenced by the Certificate of Death5 attached thereto.1wphi1 As Renato's death transpired before the promulgation of the Court's July 23, 2014 Resolution in this case, i.e., when his appeal before the Court was still pending resolution, his criminal liability is totally extinguished in view of the provisions of Article 89 of the Revised Penal Code which states:

Art. 89. How criminal liability is totally extinguished. - 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;

x x x x

In People v. Amistoso,6 the Court explained that the death of the accused pending appeal of his conviction extinguishes his criminal liability, as well as his civil liability ex delicto.7 Consequently, Renato's death on une 10, 2014 renders the Court's July 23, 2014 Resolution irrelevant and ineffectual as to him, and is therefore set aside. Accordingly, the criminal case against Renato is dismissed.

WHEREFORE, the Resolutions dated July 23, 2014 and September 24, 2014 of the Court are hereby SET ASIDE and Criminal Case No. C-68329 before the Regional Trial Court of Caloocan City, Branch 129 is DISMISSED insofar as accused-appellant RENATO DIONALDO y EBRON is concerned, in view of his demise.

SO ORDERED.

ESTELA M. PERLAS-BERNABE
Associate Justice

WE CONCUR:

MARIA LOURDES P. A. SERENO
Chief Justice
Chairperson

TERESITA J. LEONARDO-DE CASTRO
Associate Justice
LUCAS P. BERSAMIN
Associate Justice

JOSE PORTUGAL PEREZ
Associate Justice

C E R T I F I C A T I O N

Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above Resolution had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.

MARIA LOURDES P.A. SERENO
Chief Justice


Footnotes

1 Rollo, pp. 59-68.

2 Id. at 69-75.

3 Id. at 76-A.

4 Id. at 77.

5 Id. at 78, including its dorsal portion.

6 G.R. No. 201447, August 28, 2013, 704 SCRA 369.

7 Id. at 375-376, cited in People v. Soria, G.R. No. 179031, February 24, 20 I 4, 717 SCRA 274, 276.


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