- Petitioner
- People
- Respondent
- Gerry Lipata y Ortiza
- Citation
- G.R. No. 200302
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Brion, J.
- Decided
- September 25, 2013
Summary
This Supreme Court resolution addresses the procedural effects of an accused's death during a pending criminal appeal. Gerry Lipata y Ortiza was convicted of murder by the RTC and the conviction was affirmed by the Court of Appeals. However, appellant died before the CA decision was promulgated. The Supreme Court clarified that the death extinguished both criminal liability and civil liability ex delicto since no final conviction was rendered. However, civil liabilities based on sources other than the delict (Articles 32, 33, 34, and 2176 of Civil Code) survive the death and may be prosecuted against the estate. The Court ordered substitution of legal representatives and required comment on remaining civil liability, establishing important precedent on the effects of death on pending criminal cases.