CRIMINAL LIABILITY, EXTINGUISHMENT OF Death of the accused

CRIMINAL LIABILITY, EXTINGUISHMENT OF

Death of the accused — Criminal liability is totally extinguished by the death of the accused pending appeal as well as civil liability based solely thereon. (People vs. Toukyo, G.R. No. 225593, Mar. 20, 2017)

—      Criminal liability is totally extinguished by the death of the accused; thus, upon accused-appellant’s death pending appeal of his conviction, the criminal action is extinguished inasmuch as there is no longer a defendant to stand as the accused; the civil action instituted therein for the recovery of the civil liability ex delicto is ipso facto extinguished; for civil liability based on sources other than delicts, the victim may file a separate civil action against the estate of the accused. (People vs. Culas, G.R. No. 211166, June 05, 2017)

—      The death of the accused pending appeal of his conviction extinguishes his criminal liability; as such, the criminal cases against him should be dismissed and declared closed and terminated. (People vs. Jao, G.R. No. 225634, June 07, 2017)