Death of accused pending trial/appeal; effect as to criminal and civil liabilities - http://www.projectjurisprudence.com/

Villareal v. People, G.R. No. 151258 , February 1, 2012. [Consolidated with: G.R. No. 154954; G.R. No. 155101; G.R. Nos. 178057 & 178080].
“x x x.

In a Notice dated 26 September 2011 and while the Petition was pending resolution, this Court took note of counsel for petitioners Notice of Death of Party.

According to Article 89(1) of the Revised Penal Code, criminal liability for personal penalties is totally extinguished by the death of the convict. In contrast, criminal liability for pecuniary penalties is extinguished if the offender dies prior to final judgment. The term "personal penalties" refers to the service of personal or imprisonment penalties, while the term "pecuniary penalties" (las pecuniarias) refers to fines and costs, including civil liability predicated on the criminal offense complained of (i.e., civil liability ex delicto). However, civil liability based on a source of obligation other than the delict survives the death of the accused and is recoverable through a separate civil action.

Thus, we hold that the death of petitioner Villareal extinguished his criminal liability for both personal and pecuniary penalties, including his civil liability directly arising from the delict complained of. Consequently, his Petition is hereby dismissed, and the criminal case against him deemed closed and terminated.

x x x.”