Title
People vs. Caloring
Case
G.R. No. 250980
Decision Date
Mar 15, 2022
Rogelio Caloring and co-accused charged with kidnapping for ransom; Caloring's death extinguished liability, Rey Alada's conviction void due to lack of arraignment; CA affirmed with modifications.
dismissal of conviction
death pending appeal
affirmed conviction
A

Case Summary (G.R. No. 250980)

Procedural Posture and Relief Sought

Rogelio Caloring appealed the Court of Appeals (CA) judgment affirming the Regional Trial Court (RTC) conviction for Kidnapping for Ransom. The CA had affirmed with modification the RTC’s March 26, 2013 decision and imposed civil damages. Caloring’s appeal to the Supreme Court was pending when he died on March 10, 2021. The Supreme Court resolved the case thereafter.

Amended Information and Pleas

The Amended Information charged the accused collectively with kidnapping the four named victims on or about August 30, 2005, alleging conspiracy and use of firearms and demanding ransom. At arraignment, the accused (except Rey Alada, for whom no arraignment appears in the records) entered pleas of not guilty. The defense admitted the identities of accused, territorial jurisdiction, and the minority ages of the three Sermonia children.

Trial and RTC Decision

Following trial, the RTC found all accused except Godofredo Navanes guilty beyond reasonable doubt of Kidnapping for Ransom and sentenced them each to reclusion perpetua. The RTC ordered the accused to pay moral and exemplary damages of P30,000 each to the victims and spouses, plus legal interest and costs. The RTC treated Navanes as having extinguished liability by death after arraignment and before promulgation.

Court of Appeals Ruling and Modification

The CA, in its June 7, 2019 decision, affirmed the conviction of Caloring, Benjamin Olidan, and PO1 Zapatos for Kidnapping for Ransom and modified the civil awards: awarding P100,000 each as civil indemnity, moral damages, and exemplary damages to each private complainant, and directing interest at 6% per annum from finality until fully paid.

Death of Accused-Appellant and Notices to the Court

During pendency before the Supreme Court, official communications from the Bureau of Corrections and the New Bilibid Prison confirmed Rogelio Caloring’s death on March 10, 2021. The Court treated these submissions as notice of death while the appeal remained unresolved.

Effect of Death on Criminal and Civil Liability

Applying Article 89(1) of the RPC, the Court held that Caloring’s death pending final disposition extinguished his criminal liability as to personal penalties and extinguished pecuniary liability insofar as the death occurred before final judgment; the Court also relied on jurisprudence (People v. Bayotas) to affirm that death pending appeal terminates criminal liability and the civil liability that is based solely on the offense (civil liability ex delicto in senso strictiore). The Court thus dismissed the case against Caloring on account of his death.

Survival of Civil Claims and Separate Civil Action Principle

The Court reiterated that civil liability predicated on sources of obligation other than the delict (e.g., law, contract, quasi-contract, quasi-delict) can survive the accused’s death and may be pursued in a separate civil action against the estate or executor/administrator, subject to applicable rules and prescription considerations. If a private party instituted a civil action concomitantly with the criminal action before extinction, prescription may be interrupted under Article 1155, Civil Code; this preserves the private party’s ability to pursue recovery.

Duplicitous Information and Waiver Doctrine

The Amended Information in fact charged kidnapping of four victims in a single information, which rendered it duplicitous because the rule requires one offense per information. The Court explained the rule’s rationale (to give clear notice and avoid confusion in defense) and noted that failure to move to quash before pleading constitutes a waiver of the defect under Rule 117, Section 9. None of the accused, including Caloring, objected to the duplication prior to pleading; therefore the defect was deemed waived and, ordinarily, the accused could be convicted of as many offenses as were charged and proved.

Limitation on Multiple Convictions in This Case

Although the duplicitous Information was waived, practical circumstances prevented the Court from convicting all surviving accused of four separate counts in this particular case: Caloring’s death extinguished his liability during appeal; other accused had final convictions except for Rey Alada, and the only appellant before the Supreme Court was Caloring. The Court applied Section 11(a), Rule 122 of the Rules of Court to avoid adversely affecting co-accused who did not appeal.

Void Conviction of Rey Alada for Lack of Arraignment

The Court vacated the RTC’s finding of guilt against Rey Alada because the record contained no proof that he was ever arraigned. Arraignment is indispensable to inform the accused of the nature and cause of accusation and to protect due process; trial in absentia is authorized under Article III, Section 14(2) of the 1987 Constitution only after arraignment and upon proper notice. Because Alada was not arraigned and remained

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