People vs. Calomia (2017)

PEOPLE OF PHILIPPINES vs. RUBEN CALOMIA

G.R. No. 229856, November 20, 2017 

LEONARDO-DE CASTRO, J.:

Facts: Accused-appellant Ruben Calomia was charged before the Regional Trial Court of Loay, Bohol, Branch 50, with two counts of qualified rape of his minor daughter, AAA which he allegedly committed sometime in August 2007 and April 2008.

After trial on the merits, the RTC promulgated its Decision accused-appellant guilty beyond reasonable doubt of both counts of qualified rape. Accused-appellant filed an appeal before the Court of Appeals. In its Decision, the appellate court upheld accused-appellant's conviction, but modified the award of damages to AAA.

During its pendency, the Court was informed that the said appellant has died while in the confinement of Bohol District Jail due to Strangulation, Self-Inflicted, Hanging and declared dead by the medical officer.

Issue: Whether or not the death of an accused pending his appeal extinguishes all his liability.

Ruling: No. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. On the contrary, the claim for civil liability survives notwithstanding the death of accused, if the same may also be predicated on a source of obligation other than delict such as law, contracts, quasi-contracts, and quasi-delict.

In the instant case, accused-appellant's death occurred prior to the finality of the judgment of conviction rendered against him. In fact, accused-appellant died way back on September 29, 2015, during the pendency of his appeal before the Court of Appeals. Unfortunately, the appellate court was not timely informed of accused-appellant's death prior to the promulgation of its Decision.

Ratio Decidendi: The death of an accused pending the appeal of his conviction extinguishes the criminal action, as there is no longer a defendant to stand as the accused; and the civil action instituted therein for the recovery of civil liability ex delicto is likewise ipso facto extinguished, as it is grounded on the criminal action.

Gist: This is an appeal from the Decision of the Court of Appeals which affirmed the Decision of the RTC of Bohol which found accused guilty for the crime of rape.