FIRST DIVISION
[G.R. No. L-30256. July 16, 1984.]
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. AURELIO ONAROSA, Defendant-Appellant.
The Solicitor General for Plaintiff-Appellee.
Gerardo A. Pabello, for Defendant-Appellant.
SYLLABUS
1. REMEDIAL LAW; CRIMINAL PROCEDURE; CIVIL LIABILITY; EFFECT THEREON OF DEATH OF ACCUSED PENDING APPEAL; CASE AT BAR. — Considering the death of accused-appellant on January 26, 1984, the Court nevertheless resolved to exercise jurisdiction over the accused’s civil liability (People v. Sendaydiego, 81 SCRA 120) since it has been duly established beyond reasonable doubt that said accused-appellant "was the assailant and the one responsible for the death of Juan Balagasay" (Decision, page 11), and the victim’s heirs not having reserved the right to file a separate civil action, it would be a superfluity to compel them at this late stage to still litigate or file another suit for indemnity for his death. In the interest of justice and in fairness to the heirs of the deceased-victim, Juan Balagasay, the accused-appellant’s estate is hereby sentenced to indemnify the heirs of Juan Balagasay in the sum of P30,000.00
D E C I S I O N
RELOVA, J.:
Considering that accused-appellant Aurelio Onarosa died on January 26, 1984 and the findings of facts and of accused-appellant’s guilt by the defunct Court of First Instance of Samar were confirmed by this Court in its decision of February 29, 1984 (which could not produce any legal effect insofar as the accused-appellant’s criminal liability is concerned by virtue of his prior death), the Court nevertheless resolved to exercise jurisdiction over the accused’s civil liability (People v. Sendaydiego, 81 SCRA 120) since it has been duly established beyond reasonable doubt that said accused-appellant "was the assailant and the one responsible for the death of Juan Balagasay" (Decision, page 11), and the victim’s heirs not having reserved the right to file a separate civil action, it would be a superfluity to compel them at this late stage to still litigate or file another suit for indemnity for his death.
ACCORDINGLY, in the interest of justice and in fairness to the heirs of the deceased-victim, Juan Balagasay, the accused-appellant’s estate is hereby sentenced to indemnify the heirs of Juan Balagasay in the sum of P30,000.00.
SO ORDERED.
Teehankee, Gutierrez, Jr. and De la Fuente, JJ., concur.
Melencio-Herrera, J., is on leave.
PLANA, J., concurring:chanrob1es virtual 1aw library
I concur. It is utterly absurd to require a civil suit to prove by mere preponderance of evidence what as here, has already been proved beyond reasonable doubt.
ACCORDINGLY, in the interest of justice and in fairness to the heirs of the deceased-victim, Juan Balagasay, the accused-appellant’s estate is hereby sentenced to indemnify the heirs of Juan Balagasay in the sum of P30,000.00.
SO ORDERED.
Teehankee, Gutierrez, Jr. and De la Fuente, JJ., concur.
Melencio-Herrera, J., is on leave.
Separate Opinions
PLANA, J., concurring:chanrob1es virtual 1aw library
I concur. It is utterly absurd to require a civil suit to prove by mere preponderance of evidence what as here, has already been proved beyond reasonable doubt.
