Criminal Case No. 11556
That on or about the 1st day of December 2004, in the city of Laoag, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously, have in his possession, control and custody one (1) plastic sachet containing shabu weighing more or less 0.1 gram including plastic container without prescription or authority to possess the same in violation of the aforecited law.4
Criminal Case No. 11557
That on or about the 1st day of December 2004, in the city of Laoag, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there wilfully, unlawfully and feloniously, sell and deliver to a Public Officer, who acted as poseur buyer 0.1 gram including plastic container of Methamphetamine Hydrochloride, popularly known as “shabu”, a dangerous drug, without any license or authority to do so, in violation of the aforecited law.5Criminal Case No. 11558
That on or about the 1st day of December 2004, in the City of Laoag, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there wilfully, unlawfully and feloniously, have in his possession, control and custody two (2) big plastic sachet containing shabu weighing more or less 2.6 grams including plastic container without being authorized and permitted by law to possess the same in violation of the aforecited law.6
WHEREFORE, judgment is hereby rendered finding [the] accused Saturnino De la Cruz GUILTY beyond reasonable doubt as charged in Criminal Case No. 11556 for illegal possession of shabu with a weight of 0.0619 gram and is therefore sentenced to serve the indeterminate penalty of imprisonment ranging from TWELVE (12) YEARS AND ONE (1) DAY as minimum to FIFTEEN (15) YEARS as maximum and to pay a fine of P300,000.00.
Accused Jose Brillantes is also found GUILTY beyond reasonable doubt as charged in Criminal Case No.11557 for illegal sale of shabu and is therefore sentenced to suffer the penalty of life imprisonment and to pay a fine of P2,000,000.00. Said accused is likewise found GUILTY beyond reasonable doubt as charged in Criminal Case No. 11558 for illegal possession of shabu with an aggregate weight of 0.2351 gram and is therefore further sentenced to serve the indeterminate penalty of imprisonment ranging from TWELVE (12) YEARS and ONE (1) DAY as minimum to FIFTEEN (15) YEARS as maximum and to pay a fine of P300,000.00.
The contraband subject of these cases are hereby forfeited, the same to be disposed of as the law prescribes. 7
Criminal liability is totally extinguished:
1. 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.
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."
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:
a) Law
b) Contracts
c) Quasi-contracts
d) . . .
e) Quasi-delicts
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RULE 122 - Appeal
Section 11. Effect of appeal by any of several accused. —
(a) An appeal taken by one or more of several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and applicable to the latter; (emphasis ours)
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Endnotes:
1 Rollo pp. 40-41.
2 Id. at 2-39. Penned by Associate Justice Jose L. Sabio, Jr. with Associate Justices Vicente S.E. Veloso and Ricardo R. Rosario, concurring.
3 Promulgated on June 7, 2002.
4 Rollo, p. 3.
5 Id. at 3-4.
6 Id. at 4.
7 CA rollo, p. 250.
8 Rollo, p. 40-41.
9 Through a Letter dated 3 January 2012 of OIC Romeo F. Fajardo to the Clerk of Court, Second Division of the Supreme Court, id. at 88.
10 Id. at 89.
11 G.R. No. 102007, 2 September 1994, 236 SCRA 239, 255-256.
12 R.A. 9165.