My brother had a case of qualified theft amounting to 1M. Unfortunately, my brother got depressed and committed suicide. I am under the impression that there is already a warrant of arrest for him. In this case, will the case be dismissed if he is already dead? Can we present proofs to the court about his death? Will the case be dismissed or will they be running after us?
Appreciate your educated advise.
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Death While The Case Is Still Pending
2 years 11 months ago #17061
According to Article 89 of the Revised Penal Code (RPC) of the Philippines, death extinguishes criminal liability. Thus, a criminal case filed against an accused who dies while the case is still pending resolution shall be terminated. The same is true insofar as civil liability arising from the crime is concerned, if death occurs after arraignment and while the case is still pending trial or on appeal. Nevertheless, the independent civil action arising from other sources of obligation shall continue or may be instituted thereafter. This is in accordance with the RPC, particularly Section 4, Rule 111, which provides:
“Section 4. Effect of death on civil actions. — The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delict. However, the independent civil action instituted under Section 3 of this Rule or which thereafter is instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused after proper substitution or against said estate, as the case may be. The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs.