2020-21 Criminal Law, Q13

A prisoner who had been convicted, but whose appeal was pending, died due to complications caused by COVID-19. Should the prisoner’s pending appeal be dismissed as a consequence? Explain briefly.

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What is the legal effect of the death of an accused pending appeal from a criminal conviction?

Which landmark case established the rule on the extinction of criminal and civil liability upon the death of the accused pending appeal?

What happens to civil liability grounded on independent sources of obligation, such as quasi-delict, when the accused dies pending criminal appeal?

Why must an appellate court dismiss a criminal appeal upon learning of the death of the accused?

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Under Article 89 of the Revised Penal Code, how is criminal liability extinguished by the death of the offender?

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1. Extinction of Liability
Under Article 89, paragraph 1 of the Revised Penal Code, death of the accused prior to final judgment totally extinguishes criminal liability. As settled in People v. Bayotas, the death of the accused pending appeal terminates the criminal action because there is no longer a defendant to prosecute. The criminal case must be dismissed, and any personal penalties or pecuniary liabilities imposed by the trial court judgment are vacated and rendered without legal effect.

2. Civil Liability Extinction
Death of the accused pending appeal also extinguishes civil liability ex delicto, or civil liability arising solely from the crime charged. Because the criminal action is dismissed upon death before final conviction, no civil liability predicated on the felony can be enforced in the criminal proceeding. However, civil liability grounded on sources of obligation other than the crime, such as law, contracts, quasi-contracts, or quasi-delicts, may still be recovered in an independent civil action filed against the deceased's estate.

3. Dismissal of Appeal
When an accused dies while an appeal from a criminal conviction is pending, the appellate court must dismiss the appeal and declare the criminal case closed. The dismissal of the appeal is mandatory because the death removes the subject matter of criminal jurisdiction. The judgment of conviction rendered by the trial court does not become final and executory; rather, it is set aside and rendered null and void as a direct legal consequence of the accused's death.

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