People v.

Romero
G.R. No. 112985
Topic: Rule 111; Effect of death on the civil action
FACTS:
The accused, Martin Romero (Romero) and Ernesto Rodriguez (Rodriguez), conspiring with one another,
convinced a certain Ernesto Ruiz into investing his money in the amount of P150,000.00 with a promise
return of 800% in profit within 21 days. The two accused then issued a post-dated check in the amount of
P1,200,000.00. However, upon presentation of the check by Ruiz, the same was dishonored by the drawee
bank. They (accused) consistently failed and refused to pay the amount due to Ruiz. As a result, Ruiz
suffered damage and prejudice in the aforestated amount of P1,200,000.00.
A criminal case of estafa was filed by the fiscal against the two accused, Romero and Rodriguez before
the RTC of Butuan City. Thereafter, a second case was filed with the same court for violation of B.P. 22 or
the Bouncing Checks Law. The RTC then rendered its decision, convicting the two accused for the crime
of estafa but acquitting them for the alleged violation of B.P. 22.
Pending appeal, Ernesto Rodriguez died. The RTC then ruled that as a consequence of his death before
final judgment, his criminal and civil liability ex delicto are extinguished.
ISSUE:
Whether or not death of the accused extinguishes his/her civil liability
RULING + RATIO:
The Supreme Court ruled that the death of the accused pending appeal of his conviction extinguishes his
criminal liability for the reason that there is no more defendant to stand as the accused. In so far as his
civil liability ex delicto is concerned, the Court ruled that the civil action instituted therein for recovery
of civil liability is extinguished, grounded as it is on the criminal case.
Thus, the outcome of the appeal now only pertains to the remaining accused, Martin Romero.
*The Court sentenced Romero to suffer an indeterminate penalty of 10 years and 1 day of prision mayor
as minimum, to 16 years and 1 day of reclusion temporal as maximum. He was also ordered to indemnify
Ernesto Ruiz in the amount of P150,000.00, and damages in the amount of P35,000.00 (moral and
exemplary).