SECOND DIVISION
G.R. No. 205871, September 28, 2016
RUEL TUANO Y HERNANDEZ, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
R E S O L U T I O N
LEONEN, J.:
For our resolution is a Memorandum submitted by the Deputy Clerk of Court and Chief Judicial Records Officer requesting instructions on the proper date of finality of a case in which this Court issued a resolution acquitting the accused without having been informed of his prior death.
Accused Ruel Tuano y Hernandez was charged with violation of Article II, Section 11(3) of Republic Act No. 9165 before Branch 13 of the Regional Trial Court of Manila for having in his possession one (1) heat-sealed transparent plastic sachet with 0.064 grams of shabu.1chanrobleslaw
After trial on the merits, the Regional Trial Court convicted accused in the Decision2 dated May 4, 2010. The dispositive portion reads:ChanRoblesVirtualawlibrary
WHEREFORE, premises considered, RUEL TUANO y HERNANDEZ is found GUILTY beyond reasonable doubt for Violation of Section 11(3), Article II of R.A. 9165 and is sentenced to suffer imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine of Three hundred thousand pesos (P300,000.00).On appeal, the Court of Appeals affirmed in toto the ruling of the Regional Trial Court in the Decision4 dated June 8, 2012, the dispositive portion of which reads:ChanRoblesVirtualawlibrary
In the service of his sentence, the actual confinement under detention during the pendency of this case shall be deducted from the said prison term in accordance with Article 29 of the Revised Penal Code.
The evidence presented is ordered transferred to the Philippine Drug Enforcement Agency (PDEA) for destruction.
SO ORDERED.3chanroblesvirtuallawlibrary
WHEREFORE, premises considered, the appeal is hereby DENIED. The assailed 04 May 2010 Decision of the Regional Trial Court, Branch 13 of the City of Manila is AFFIRMED in toto.Accused moved for reconsideration6 on July 4, 2012, but the Motion was denied by the Court of Appeals in the Resolution7 dated February 12, 2013.
SO ORDERED.5 (Emphasis in the original)
WHEREFORE, the June 8, 2012 decision and the February 12, 2013 resolution of the Court of Appeals in CA-G.R. No. 33363 are AFFIRMED.10 (Emphasis in the original)On August 7, 2014, accused moved for reconsideration, questioning this Court's June 23, 2014 unsigned Resolution and praying for his acquittal.11chanrobleslaw
WHEREFORE, the Resolution dated June 23, 2014 affirming the Court of Appeals' June 8, 2012 Decision and February 12, 2013 Resolution in CA-G.R. CR No. 33363 is hereby RECONSIDERED. Petitioner Ruel Tuano Y Hernandez is hereby ACQUITTED for failure of the prosecution to prove his guilt beyond reasonable doubt. He is ordered immediately RELEASED from detention, unless he is confined for any other lawful cause.Thus, an Order of Release19 was issued and sent to the Director of the Bureau of Corrections.
Let a copy of this Resolution be furnished to the Director of the Bureau of Corrections for immediate implementation. The Director of the Bureau of Corrections is directed to report to this Court within five (5) days from receipt of this Resolution on the action taken. Copies shall also be furnished to the Director General of the Philippine National Police and the Director General of the Philippine Drug Enforcement Agency for their information.
SO ORDERED.18 (Emphasis in the original)
Although Rule 3, Section 16 of the Rules of Court is directly applied more often in civil actions for the substitution of the deceased party, the rule that the counsel of the deceased party must inform the court of the death of his or her client also properly applies in criminal actions. Regardless of the nature of the action, courts cannot be expected to assume the death of the party without the counsel's proper manifestation.23 Furthermore, the rules presume that "the attorney for the deceased party is in a better position than the attorney for the adverse party to know about the death of his [or her] client[.]"24chanrobleslawRULE 3
Filing and Service of Pleadings, Judgments and Other Papers
. . . .
SEC. 16. Death of party; duty of counsel. Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof and to give the name and address of his legal representative or representatives. Failure of counsel to comply with this duty shall be a ground for disciplinary action.
The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice.
If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to appear within the specified period, the court may order the opposing party, within a specified time, to procure the appointment of an executor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased. The court charges in procuring such appointment, if defrayed by the opposing party, may be recovered as costs. (Emphasis supplied)
On top of all these is respondent's employment as a lawyer of the Public Attorney's Office which is tasked to provide free legal assistance for indigents and low-income persons so as to promote the rule of law in the protection of the rights of the citizenry and the efficient and speedy administration of justice. Against this backdrop, respondent should have been more judicious in the performance of his professional obligations. As we held in Vitriola v. Dasig[,] "lawyers in the government are public servants who owe the utmost fidelity to the public service." Furthermore, a lawyer from the government is not exempt from observing the degree of diligence required in the Code of Professional Responsibility. Canon 6 of the Code provides that "the canons shall apply to lawyers in government service in the discharge of their official tasks."Additionally, Canon 2 of the Code of Professional Responsibility explicitly states that "a lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession."
At this juncture, it bears stressing that much is demanded from those who engage in the practice of law because they have a duty not only to their clients, but also to the court, to the bar, and to the public. The lawyer's diligence and dedication to his work and profession not only promote the interest of his client, [they] likewise help attain the ends of justice by contributing to the proper and speedy administration of cases, bring prestige to the bar and maintain respect to the legal profession.30 (Citations omitted)
Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:Likewise, the civil liability of the accused arising from his criminal liability is extinguished upon his death. In People v. Bayotas:31
chanRoblesvirtualLawlibrary1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefore is extinguished only when the death of the offender occurs before final judgment[.]
1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."In People v. Paras,33 this Court rendered judgment in a criminal case without being informed earlier that the accused had already passed away. Premised on the principle that the death of the accused extinguishes his criminal liability, the Court set aside its decision and dismissed the criminal case.
2. Corollarily, the claim for civil liability survives notwithstanding the death of accused, if the same may also be predicated on a source of obligation other than delict. Article 1157 of the Civil Code enumerates these other sources of obligation from which the civil liability may arise as a result of the same act or omission:ChanRoblesVirtualawlibrarya) Law3. Where the civil liability survives, as explained in Number 2 above, an action for recovery therefor may be pursued but only by way of filing a separate civil action and subject to Section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended. This separate civil action may be enforced either against the executor/administrator or the estate of the accused, depending on the source of obligation upon which the same is based as explained above.32 (Emphasis supplied, citations omitted)
b) Contracts
c) Quasi-contracts
d) . . . .
e) Quasi-delicts
Endnotes:
** Designated Acting Chairperson per Special Order No. 2374 dated September 14, 2016.
1Rollo, p. 56, Regional Trial Court Decision.
2 Id. at 56-60. The Decision was penned by Acting Presiding Judge Cicero D. Jurado, Jr.
3 Id. at 60.
4 Id. at 73—81. The Decision was penned by Associate Justice Samuel Gaerlan and concurred in by Associate Justices Ramon R. Garcia and Ricardo R. Rosario of the Special Fifth Division, Court of Appeals, Manila.
5 Id. at 81.
6 Id. at 82-89.
7 Id. at 96. The Resolution was penned by Associate Justice Samuel Gaerlan and concurred in by Associate Justices Ramon R. Garcia and Ricardo R. Rosario of the Special Fifth Division, Court of Appeals, Manila.
8 Id. at 9-28.
9 Id. at 125-135.
10 Id. at 134.
11 Id. at 138-147.
12 Id. at 149.
13 Id. at 150-152.
14 Id. at 153-160.
15 Id. at 162-166.
16 Id. at 167-173.
17 Id. at 178-185.
18 Id. at 184.
19 Id. at 175-176.
20 Id. at 186.
21 Id. at 188.
22 Id. at 192-193.
23Ang Kek Chen v. Andrade, 316 Phil. 136, 143-144 (1999) [Per J. Mendoza, Second Division]; Florendo v. Coloma, 214 Phil. 268, 274 (1984) [Per J. Gutierrez, Jr., First Division].
24 Id. at 144.
25cralawred Rollo, p. 188, Death Certificate.
26 Id. at 163.
27 Id. at 170-171.
28 Id. at 186.
29 457 Phil. 314 (2003) [Per J. Tinga, Second Division].
30 Id. at 329.
31 G.R. No. 102007, September 2, 1994, 236 SCRA 239 [Per J. Romero, En Banc]. People V. Egagamao, G.R. No. 218809, August 3, 2016 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/august2016/1218809.pdf> [Per J. Perlas-Bernabe, First Division].
32 Id. at 255-256, as cited in People v. Egagamao, G.R. No. 218809, August 3, 2016 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/august2016/218809.pdf> 5-6 [Per J. Perlas-Bernabe, First Division].
33 G.R. No. 192912, October 22, 2014, 739 SCRA 179 [Per J. Leonardo-De Castro, Special First Division].
34 Id. at 184.