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  • People v. Antido

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    The court affirmed the guilty verdict of Romeo Antido for rape but dismissed the criminal case upon learning of his death before the final promulgation of the decision. Under Philippine law, criminal liability is extinguished upon the death of the accused prior to final judgment. As the accused had died while his appeal was pending, there was no longer a defendant and the criminal action against him was extinguished. The court therefore declared the case closed and terminated.

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    The court affirmed the guilty verdict of Romeo Antido for rape but dismissed the criminal case upon learning of his death before the final promulgation of the decision. Under Philippine law, criminal liability is extinguished upon the death of the accused prior to final judgment. As the accused had died while his appeal was pending, there was no longer a defendant and the criminal action against him was extinguished. The court therefore declared the case closed and terminated.

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    40 views1 page

    People v. Antido

    Uploaded by

    Rajkumari
    The court affirmed the guilty verdict of Romeo Antido for rape but dismissed the criminal case upon learning of his death before the final promulgation of the decision. Under Philippine law, criminal liability is extinguished upon the death of the accused prior to final judgment. As the accused had died while his appeal was pending, there was no longer a defendant and the criminal action against him was extinguished. The court therefore declared the case closed and terminated.

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    © All Rights Reserved
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    of 1

    PEOPLE V.

    ANTIDO

    FACTS:

    The Court ADOPTS the findings of fact and conclusions of law in the December 7, 2012
    Decision of the CA in CAG. R. CR-HC No. 04602 and AFFIRMS said Decision finding
    accusedappellant Romeo Antido y Lantayan a.k.a. Romeo Antigo y Lantayan alias "Jon-Jon"
    GUILTY beyond reasonable doubt of the crime of Rape punishable under paragraph 1 of Article
    266-A in relation to paragraph 5 of Article 266-B, under RA 8353. Accordingly, he is sentenced to
    suffer the penalty of reclusion perpetua and ordered to pay private complainant the following
    amounts: (a) ₱75,000.00 as civil indemnity; (b) ₱75,000.00 as moral damages; and (c)
    ₱30,000.00 as exemplary damages, consistent with existingjurisprudence.3

    However, it appears that before the promulgation of the said Resolution, accused-
    appellant had already died on December 28, 2013, as evidenced by his Certificate of Death.

    ISSUE:

    Whether the criminal liability of the accused when already died before promulgation is
    extinguished?

    HELD:

    Yes. Under prevailing law and jurisprudence, accused-appellant's death prior to his final
    conviction by the Court renders dismissible the criminal cases against him. Article 89 (1) of the
    Revised Penal Code provides that criminal liability is totally extinguished by the death of the
    accused.

    Article 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.

    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.

    Wherefore DECLARE the instant case CLOSED and TERMINATED.

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