2017 Remedial Law, Q16

Engr. Magna Nakaw, the District Engineer of the DPWH in the Province of Walang Progreso, and Mr. Pork Chop, a private contractor, were both charged in the Office of the Ombudsman for violation of the Anti-Graft and Corrupt Practices Act (R.A. No. 3019) under a conspiracy theory.
While the charges were undergoing investigation in the Office of the Ombudsman, Engr. Magna Nakaw passed away. Mr. Pork Chop immediately filed a motion to terminate the investigation and to dismiss the charges against him, arguing that because he was charged in conspiracy with the deceased, there was no longer a conspiracy to speak of and, consequently, any legal ground to hold him for trial had been extinguished.
Rule on the motion to terminate filed by Mr. Pork Chop, with brief reasons. (5%).

Quick check

What is the effect of the death of a public officer during preliminary investigation on a surviving private co-conspirator?

Under Article 89 of the Revised Penal Code, what is extinguished by the death of an accused prior to final judgment?

May a private individual be prosecuted under Republic Act No. 3019 if the public officer co-conspirator dies before trial?

How is conspiracy evaluated when one of the alleged co-conspirators dies before indictment?

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What should the Office of the Ombudsman do with a motion to terminate filed by a surviving co-conspirator following the death of his co-respondent?

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1. Extinction of Liability
Under Article 89 of the Revised Penal Code, the death of an accused or respondent extinguishes only his personal criminal and civil liability arising from the delict. Death operates as an absolute bar to personal criminal prosecution against the deceased. However, death does not erase the unlawful act or crime itself, nor does it extinguish the liability of co-accused or co-conspirators involved in the same criminal transaction.

2. Conspiracy Liability Effect
Conspiracy is a factual allegation establishing collective criminal responsibility among participants. The death of one co-conspirator does not extinguish the criminal liability of surviving co-conspirators. In prosecutions for violation of Republic Act No. 3019, conspiracy between a public officer and a private individual may still be established and proved in court despite the demise of the public officer prior to or during preliminary investigation.

3. Private Individual Graft
Private individuals who act in conspiracy with public officers in violating the Anti-Graft and Corrupt Practices Act can be held criminally liable under Republic Act No. 3019. The death of the public officer does not divest the Ombudsman or the courts of jurisdiction over the surviving private contractor, nor does it prevent the prosecution from proving the underlying conspiracy during trial.

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