Republic of the Philippines

COURT OF APPEALS
Manila
Former Special Tenth (10th) Division

PEOPLE OF THE CA-G.R. CR HC No. 12785

PHILIPPINES,
Plaintiff-appellee, Members:
GONZALES-SISON, M.,
-versus- Chairperson
AZCARRAGA-JACOB, M. C., and
ANGEL AGATON Y MALAPO, ACOSTA, L. P., JJ.
Accused-appellant.

Promulgated:
August 25, 2020
x-------------------------------------------------------------------------------------- x
RESOLUTION
GONZALES-SISON, M.,J.:

For Resolution is the Motion to Withdraw Motion for

Reconsideration with Motion to Dismiss 1 filed by the Public
Attorney's Office (PAO) informing the Court that accused-
appellant Angel Agaton had passed away on March 6, 2020.
As proof thereof, PAO submitted the following, to wit: (a) Letter
addressed to Atty. Flordeliza G. Morelos, Public Attorney IV,
OIC-Special and Appealed Cases Services by the
2
Superintendent, New Bilibid Prison stating among others that
accused-appellant died on March 6, 2020; (b) Scanned copy of
the Certificate of Death of accused-appellant; 3 (c) Notice of
Death4 issued by Racquel Manalastas, Medical Officer on
Duty, NBP Hospital, Muntinlupa City.

On February 18, 2020, the Court promulgated its

decision5 in the above-entitled case partially granting the
appeal of accused-appellant of the decision of the Regional
Trial Court (RTC) Branch 13, Ligao City. The dispositive
portion of the decision reads:
1
Rollo, pp. 169-176.
2
Id., Annex “B”, pp. 177-178.
3
Id., Annex “C”, p. 179.
4
Id., p. 182.
5 Id.., pp. 142-153.
People vs. Agaton Resolution
CA GR. CR. H.C. No. 12785 Page 2 of 3

“WHEREFORE, premises considered,

the ppeal is PARTIALLY GRANTED. ANGEL
AGATON y MALAPO is found GUILTY of
HOMICIDE. He is sentenced to the
indeterminate penalty of eight (8) years of
prision mayor as minimum to fourteen (14)
years, eight (8) months, and one (1) day of
reclusion temporal as maximum. He is
ordered to pay the heirs of Digno Eric S.
Aurellano Php500,000.00 as civil indemnity,
Php50,000.00 as moral damages,
Php50,000.00 as temperate damages, and
Php3,060,000.00 as loss of earning capacity.
These amounts shall earn 6% interest per
annum from finality of this decision until
fully paid.

SO ORDERED.”6

Article 89 (1) of the Revised Penal Code provides that:

“Art. 89. How criminal liability is

extinguished.- Criminal liability is totally
extinguished:

1. 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;

xxx.”

and in the case of People vs. Bayotas7 wherein the

Honorable Supreme Court ruled that the death of accused
pending appeal of his conviction extinguishes his criminal
liability, hence, the case against accused-appellant Angel
Agaton is hereby DISMISSED. His personal and pecuniary
liabilities are likewise extinguished as his death occurred prior
to the rendition of final judgment.

6
Id., at p. 152.
7
G.R. No. 102007, September 2, 1994 cited in People vs. De Chavez, G.R. No. 229722, December 13,
2017.
People vs. Agaton Resolution
CA GR. CR. H.C. No. 12785 Page 3 of 3

WHEREFORE, premises considered, the Motion to

Withdraw Motion for Reconsideration filed by the Public
Attorney's Office is GRANTED. Accordingly, the case against
accused-appellant Angel Agaton is DISMISSED.

SO ORDERED.

MARLENE GONZALES-
SISON
Associate Justice

WE CONCUR:

MARIE CHRISTINE AZCARRAGA-JACOB

Associate Justice

LOUIS P. ACOSTA
Associate Justice