"At the outset, it is well to note that during the pendency of this appeal, the Court received a letter38 dated May 8, 2019 from the Bureau of Corrections stating that one of the accused-appellants, Cortez, had already died on May 17, 2016, as evidenced by copies of his Death Report39 and Certificate of Death.40 In light of Cortez' supervening death, the Court is constrained to dismiss the instant criminal actions against him inasmuch as he can no longer stand as an accused herein. In the same vein, the civil action impliedly instituted for the recovery of the civil liability ex delicto is likewise ipso facto dismissed, grounded as it is on the criminal action. However, it is well to clarify that Cortez' civil liability, if any, in connection with his acts against the victims, may be based on sources other than delicts; in which case, the victims' heirs may file separate civil actions against Cortez' estate, as may be warranted by law and procedural rules.41 As such, the instant criminal cases must be declared closed and terminated as to Cortez in view of his supervening death. "
G.R. No. 242696, November 11, 2020
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ZALDY BERNARDO Y ESPIRITU, MONROY FLORES Y CORPUZ, JESUS TIME Y CABESA, GILBERT PACPACO Y DIRECTO, GILBERT RAMIREZ Y DUNEGO, DANNY CORTEZ Y DONIETO, ROGELIO ANTONIO Y ABUJUELA, TOMMY CABESA Y VILLEGAS, AND MILA ANDRES GALAMAY, ACCUSED,
ZALDY BERNARDO Y ESPIRITU, MONROY FLORESYCORPUZ, DANNY CORTEZ Y DONIETO, AND MILA ANDRES GALAMAY, ACCUSED-APPELLANTS.
https://lawphil.net/judjuris/juri2020/nov2020/gr_242696_2020.html
No comments:
Post a Comment