Death of Accused Extinguishes Criminal Liability and Abates Criminal Action

The Supreme Court has long held that the death of an accused pending appeal extinguishes his criminal liability and abates the criminal action against him. In Pfleider v. People (G.R. No. 208001, June 19, 2017), the Court applied this principle to dismiss a murder case after the petitioner died while his petition was pending resolution. The case also illustrates the proper remedy when a trial court dismisses a criminal case for lack of probable cause.

The Facts of the Case

P/C Supt. Edwin A. Pfleider was charged with murder for allegedly inducing Ryan Bautista to kill Manuel Granados in Tacloban City on September 15, 2010. The Information alleged that Pfleider offered Bautista a price, reward, or consideration to commit the killing.

The Regional Trial Court (RTC) dismissed the case for lack of probable cause. The prosecution moved for reconsideration, but the court denied it. Instead of appealing, the Office of the Solicitor General (OSG) filed a petition for certiorari under Rule 65 with the Court of Appeals (CA), which reinstated the case. The CA ruled that the RTC committed grave abuse of discretion in dismissing the case.

Pfleider then filed a petition for review with the Supreme Court. While the petition was pending, Pfleider died on April 15, 2017.

The Issue

The primary issue was whether the criminal action against Pfleider should be dismissed due to his death. A related procedural issue concerned whether the OSG should have appealed the RTC's dismissal instead of filing a petition for certiorari.

The Ruling

The Supreme Court granted the petition insofar as it sought to set aside the CA's decision. However, because Pfleider had died, the Court dismissed the criminal action, ruling that there was no longer a defendant to stand as accused.

The Court cited the provision of the Revised Penal Code on the extinguishment of criminal liability by the death of the accused, as well as People v. Layag (G.R. No. 214875, October 17, 2016), which applied the same principle. The exact text of the provision is not reproduced here, but the rule is well-settled: death extinguishes the criminal liability of the accused, and the criminal action is thereby abated.

Probable Cause and the Proper Remedy

The Court also addressed the distinction between the prosecutor's determination of probable cause and the judge's determination. Under the Revised Rules on Criminal Procedure, a judge who doubts the existence of probable cause may order the prosecutor to present additional evidence within five days, and must resolve the issue within thirty days from the filing of the Information.

In this case, the RTC judge dismissed the case outright without availing of this remedy. The Court noted that when the RTC and the CA have contrasting findings on probable cause, the proper course is to remand the case to the trial court for proper disposition. However, Pfleider's death rendered this unnecessary.

The dissenting opinion of Justice Velasco argued that the OSG should have appealed the RTC's dismissal under the rules on appeal instead of filing a petition for certiorari, which cannot substitute for a lost appeal. The dissent also questioned the CA's superficial review of the evidence, noting that the prosecution's witnesses had material inconsistencies.

Practical Takeaways

• Death extinguishes criminal liability. When an accused dies before final judgment, the criminal action is dismissed, and the case becomes moot and academic. This applies whether the death occurs during trial or while an appeal is pending.
• The Revised Penal Code governs. The accused's death extinguishes criminal liability as to personal liability. Civil liability may still be enforced against the estate only for property disposed of before death.
• Judges must follow the Rules of Criminal Procedure. If a judge doubts the existence of probable cause, the proper remedy is to order the prosecutor to present additional evidence—not to dismiss the case outright.
• Certiorari is not a substitute for appeal. A party who loses a case before the RTC must file an appeal within the prescribed period. A petition for certiorari under Rule 65 cannot remedy a lost appeal.
• The Supreme Court is not a trier of facts. The determination of probable cause involves a review of facts, which is generally not within the Court's province. The Court will only intervene when there is grave abuse of discretion.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.