The Death of an Accused Can Extinguish Criminal and Civil Liabilities

People v. Depillo, G.R. No. 197252, June 23, 2021

Imagine a scenario where a person accused of a crime passes away before their case reaches its final verdict. What happens to their legal responsibilities? This was the central issue in a recent Supreme Court case in the Philippines that reshaped how we view the impact of an accused’s death on their criminal and civil liabilities.

In the case of People v. Depillo, the accused, Lolito Depillo, died during the pendency of his appeal against a murder conviction. The Supreme Court had to determine whether his death extinguished his liabilities and what implications this had for the case.

Legal Context: The Effect of Death on Criminal Liability

In the Philippine legal system, the death of an accused can significantly alter the course of a criminal case. According to Article 89 of the Revised Penal Code, criminal liability is totally extinguished by the death of the convict, particularly regarding personal penalties. For pecuniary penalties, liability is extinguished if the death occurs before a final judgment.

This principle is rooted in the understanding that a criminal case cannot proceed without a defendant. The civil liability arising from the crime, known as civil liability ex delicto, is also extinguished if it is solely based on the criminal act. However, if the civil liability can be predicated on other sources of obligation such as law, contracts, quasi-contracts, or quasi-delicts, a separate civil action can be filed against the estate of the deceased.

Here’s how this might apply in everyday situations: Suppose a person is accused of causing harm due to negligence. If they die before the case concludes, their criminal liability for the act ends. But if the harm was also due to a breach of contract, the victim can still pursue a civil claim against the deceased’s estate based on that contract.

Case Breakdown: The Journey of People v. Depillo

The case began with the conviction of Wenlito and Lolito Depillo for the murder of Anatolio Calumba, Jr. The Court of Appeals upheld their conviction, and the case moved to the Supreme Court on appeal. During this time, Lolito passed away, a fact that was not immediately brought to the Court’s attention.

Initially, the Supreme Court affirmed the conviction with modifications, ordering both accused to pay various damages to the victim’s heirs. However, upon learning of Lolito’s death, the Court revisited its decision. The Court recognized that Lolito’s death before final judgment should have extinguished his criminal and civil liabilities ex delicto.

The Court quoted Article 89 of the Revised Penal Code, stating, “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.”

Furthermore, the Court referenced People v. Santiago, which clarified that while criminal and civil liabilities ex delicto are extinguished upon the accused’s death, other civil liabilities can still be pursued through separate actions against the estate.

The procedural steps taken by the Court included:

• Affirming the initial decision without knowledge of Lolito’s death.
• Receiving notification of Lolito’s death and reassessing the case.
• Setting aside the previous resolution regarding Lolito and dismissing the criminal case against him.

Practical Implications: Navigating Criminal Liability After Death

This ruling underscores the importance of timely notification of an accused’s death during legal proceedings. It can significantly affect the outcome of a case, potentially extinguishing both criminal and civil liabilities ex delicto.

For individuals and legal practitioners, this case highlights the need to monitor the health status of accused parties and promptly inform the courts of any deaths. It also emphasizes the importance of understanding the various sources of civil liability that may survive the accused’s death.

Key Lessons:

• Ensure that the court is informed immediately if an accused dies during the pendency of a case.
• Understand the distinction between civil liabilities that are extinguished upon the accused’s death and those that can be pursued through separate civil actions.
• Consider the implications of the accused’s death on both criminal and civil aspects of a case.

Frequently Asked Questions

What happens to a criminal case if the accused dies before the final judgment?

The criminal case is dismissed, and the accused’s criminal liability is extinguished. Any civil liability ex delicto is also extinguished.

Can civil liabilities still be pursued after the accused’s death?

Yes, if the civil liability can be based on sources other than the crime itself, such as law, contracts, quasi-contracts, or quasi-delicts, a separate civil action can be filed against the estate of the deceased.

What should be done if an accused dies during the pendency of a case?

Notify the court immediately with proper documentation, such as a death certificate, to ensure that the case is handled appropriately.

How does the doctrine of immutability of judgment apply in such cases?

While judgments are generally immutable once final, the Supreme Court can relax this doctrine in special circumstances, such as when the accused’s death was not previously known.

What are the implications for the victim’s family if the accused dies?

The family may lose the opportunity to pursue criminal liability, but they can still seek civil remedies based on other sources of obligation if applicable.

ASG Law specializes in criminal law and civil liabilities. Contact us or email hello@asglawpartners.com to schedule a consultation.