FIRST DIVISION
G.R. No. 210801, July 18, 2016
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALVIN CENIDO Y PICONES AND REMEDIOS CONTRERAS Y CRUZ, Accused-Appellants.
R E S O L U T I O N
PERLAS-BERNABE, J.:
On July 7, 2014, the Court rendered its Resolution1 (July 7, 2014 Resolution) in this case finding accused-appellants Alvin Cenido y Picones and Remedios Contreras y Cruz (Remedios; collectively, accused-appellants) guilty beyond reasonable doubt of Illegal Sale and Possession of Prohibited Drugs, the dispositive portion of which reads:ChanRoblesVirtualawlibrary
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the July 31, 2013 Decision of the [Court of Appeals] in CA-G.R. CR-H.C. No. 05333 and AFFIRMS said Decision finding accused-appellants Alvin Cenido y Picones and Remedios Contreras y Cruz GUILTY beyond reasonable doubt of Illegal Sale and Possession of Prohibited Drugs, respectively, sentencing: (a) Alvin Cenido y Picones to suffer the penalty of life imprisonment and to pay a fine of P500,000.00 for violation of Section 5, Article II of Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002[";] and (b) Remedios Contreras y Cruz to suffer the indeterminate penalty of twelve (12) years and one .(1) day, as minimum, to, thirteen (13) years, as maximum, and to pay a fine of P300,000.00 for violation of Section 11, Article II of the same Act.On August 12, 2014, accused-appellants jointly moved for reconsideration3 thereof, which the Court denied with finality in its Resolution4 dated December 1, 2014.
SO ORDERED.2chanroblesvirtuallawlibrary
Art. 89. How criminal liability is totally extinguished. - Criminal liability is totally extinguished:In People v. Amistoso,9 the Court explained that the death of the accused pending appeal of his conviction extinguishes his criminal liability as well as his civil liability ex delicto.10 Consequently, Remedios's death on March 7, 2014 renders the Court's July 7, 2014 Resolution irrelevant and ineffectual as to her, and is therefore set aside. Accordingly, the criminal case against Remedios is dismissed.
chanRoblesvirtualLawlibrary1. 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 x
Endnotes:
1Rollo, pp. 42-43. Signed by Division Clerk of Court Ma. Lourdes C. Perfecto.
2 Id. at 42.
3 Dated August 12, 2014. Id. at 44-47.
4 Id. at 51. Signed by Division Clerk of Court Edgar O. Archeta.
5 Id. at 19A. Said Letter was noted by the Court in its Resolution dated June 9, 2014; id. at 40A.
6 See Certificate of Death; id. at 57.
7 Id. at 54.
8 See Letter dated February 9, 2016 with the attached copy of the Certificate of Death of Remedios; id. at 56-57.
9 716 Phil. 825 (2013).
10 Id. at 830.