a. Death of Convict

Death of Convict

Concept

Death may bring a criminal case to an end. The controlling question for this note is whether the accused died while the criminal proceedings were still pending. Death extinguishes criminal liability as to personal penalties; as to pecuniary penalties, liability is extinguished only if death occurs before final judgment. Where death occurs before final judgment, the proceedings as to the deceased accused may be dismissed. (Dela Cruz v. People, G.R. No. 193862, 1 October 2019)¹

Governing provisions

Article 89, as stated in Dela Cruz v. People, provides that death extinguishes criminal liability as to personal penalties; as to pecuniary penalties, liability is extinguished only if death occurs before final judgment. The supplied cases address the resulting disposition of pending criminal proceedings; they do not set out a rule on every possible consequence of death. (Dela Cruz v. People)¹

Requisites / Rules

• Death before final judgment: Criminal liability as to personal and pecuniary penalties is extinguished. The court may dismiss the proceedings as to the deceased accused. (Dela Cruz v. People)¹
• Death of the accused in a pending criminal case: The death warrants dismissal of the criminal case and termination of the proceedings. In Antido, the Court dismissed the case by reason of the accused’s death and declared it closed and terminated. (People v. Antido, G.R. No. 208651, 14 March 2018)²
• Death of the sole accused: The criminal prosecution is extinguished. In Calomia, the Court set aside the appealed decision and dismissed the criminal cases after the sole accused died. (People v. Calomia, G.R. No. 229856, 20 November 2017)³

Distinctions

Distinguish extinction of criminal liability by personal penalties from the procedural disposition of the case. The first describes the effect of death under the rule stated in Dela Cruz v. People. The second is the court’s dismissal or termination of the pending proceedings, illustrated by Antido and Calomia. (Dela Cruz v. People)¹ (People v. Antido)² (People v. Calomia)³

Key doctrines

A court should not continue a criminal prosecution against a deceased sole accused. Calomia treats that death as extinguishing the prosecution, while Antido directs dismissal and termination of proceedings because of the accused’s death. These rulings supply the practical disposition to state when a problem asks what happens to a pending criminal case. (People v. Calomia)³ (People v. Antido)²

Exceptions

The supplied authorities identify no exception to dismissal of the pending criminal prosecution upon the accused’s death. They also do not supply a general rule here on civil liability; do not infer that rule from the dismissal of the criminal case. (Dela Cruz v. People)¹ (People v. Antido)² (People v. Calomia)³

Bar tip

State the timing of death and identify the liability at issue. Death extinguishes criminal liability as to personal penalties; it extinguishes liability as to pecuniary penalties only if it preceded final judgment. If the question asks what the court should do with the pending case, state dismissal and termination. (Dela Cruz v. People)¹ (People v. Antido)²