PEOPLE OF THE PHILIPPINES VS. GERRY LIPATA


PEOPLE OF THE PHILIPPINES VS. GERRY LIPATA Y ORTIZA

G.R. No. 200302          April 20, 2016

CARPIO, J.

FACTS:
On or about the 1st day of September, 2005, the said accused, conspiring, confederating with two (2) other persons whose true names, identities and definite whereabouts have not as yet been ascertained and mutually helping one another, with intent to kill and with evident premeditation and treachery, and taking advantage of superior strength, did, then and there willfully, unlawfully and feloniously attack, assault and employ personal violence upon the person of one RONALDO CUENO Y BONIFACIO, by then and there stabbing him repeatedly with bladed weapons, hitting him on the different parts of his body, thereby inflicting upon him serious and mortal stab wounds which were the direct and immediate cause of his death. 
The RTC noted that since appellant raised the justifying circumstance of defense of a relative, he hypothetically admitted the commission of the crime. Hence, the burden of proving his innocence shifted to appellant. The RTC found that the defense failed to adequately establish the element of unlawful aggression on the part of Cueno. There was no actual or imminent danger to the life of appellant or of his brother Larry. On the contrary, the three Lipata brothers (appellant, Larry, and Rudy) employed treachery and took advantage of their superior strength when they attacked Cueno after Cueno left the house of his sister-in-law. Cueno suffered 17 stab wounds on his trunk from the Lipata brothers. The CA dismissed appellant's appeal and affirmed the decision of the RTC. However, prior to the promulgation of the CA’s decision, the Quezon City Jail Warden informed the Court that appellant passed away on 13 February 2011.

ISSUE:
Whether the accused’s death pending appeal extinguished his criminal liability.

RULING:
Yes. At the outset, we declare that because of appellant's death prior to the promulgation of the CA's decision, there is no further need to determine appellant's criminal liability. Appellant's death has the effect of extinguishing his criminal liability.
The old rule that the acquittal of the accused in a criminal case also releases him from civil liability is one of the most serious flaws in the Philippine legal system. This is one of those cases where confused thinking leads to unfortunate and deplorable consequences. Such reasoning fails to draw a clear line of demarcation between criminal liability and civil responsibility, and to determine the logical result of the distinction. The two liabilities are separate and distinct from each other. One affects the social order and the other, private rights. One is for the punishment or correction of the offender while the other is for reparation of damages suffered by the aggrieved party.

Art. 89. How criminal liability is totally extinguished. - 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.
X X X

Comments