Case Digest (G.R. No. L-40336)
Facts:
Lamberto Torrijos v. The Honorable Court of Appeals, G.R. No. L-40336, October 24, 1975, Supreme Court First Division, Makasiar, J., writing for the Court.Lamberto Torrijos (petitioner) bought from Wakat Diamnuan and his wife a one‑fourth share of a 39.9643‑hectare parcel covered by OCT No. O‑36 on May 11, 1968, but registration of the deed failed because co‑owners would not deliver their copies of the title. Several years later (1969) the entire property, including the one‑fourth share, was sold to Victor de Guia for P189,379.50. Torrijos then prosecuted Diamnuan for estafa; the criminal case was tried before the Baguio Court of First Instance as Criminal Case No. 70 (People v. Wika/Wakat Diamnuan).
The trial court convicted Diamnuan on January 17, 1973, sentencing him to three months arresto mayor, imposing a fine and ordering indemnity to Torrijos for P7,493.00, but the court noted any damages sustained by Torrijos prior to the sale to Victor de Guia "may be the subject of some other action, perhaps civil, but not in this case." On motion for reconsideration by Torrijos the court, in an order of March 5, 1973, modified its judgment by increasing both the fine and the indemnity to P25,000.00. Diamnuan filed a motion for reconsideration of that order which was denied on April 11, 1973, and he appealed to the Court of Appeals.
Diamnuan died on August 5, 1973, while his appeal was pending; his counsel moved to dismiss the appeal under Article 89 of the Revised Penal Code, which extinguishes penalties, including "pecuniary penalties," if death occurs before final judgment. Torrijos opposed dismissal, arguing that the trial court's civil award was not a "pecuniary penalty" extinguishable by death because it arose from his contractual purchase (and thus civil law) and not solely from the criminal act. The Court of Appeals, with the c...(Pro-only)
Issues:
- Did the Court of Appeals correctly dismiss the appeal on the ground that the death of the accused extinguished the pecuniary penalties (including the civil indemnity) under Article 89 of the Revised Penal Code?
- If the dismissal was erroneous, may the appeal nevertheless proceed with respect to the civil liability awarded by the trial court and the deceased accused be substituted by his legal representatives or heirs, with the offended party included ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
- (Pro-only)