EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 2 2002.

G.R. No. 132046 (People of the Philippines, appellee, vs. Eufronio Apillanes y Malaque, appellant.)

For automatic review is the Decision in Criminal Case No. C-52 dated December 2, 1997 rendered by the Regional Trial Court, Branch 21, Cantilan, Surigao del Sur convicting Eufronio Appillanes y Malaque for murder and sentencing him to suffer the penalty of death and to indemnify the heirs of the deceased.

On October 30, 2001, the Public Attorney’s Office (PAO), counsel for accused-appellant, filed with this Court a motion to dismiss this appeal on the ground that he died on August 22, 2001 due to acute hemorrhage and necrotizing pancreatitis. Attached to the motion is a certified true copy of his Certificate of Death.

The Office of the Solicitor General interposed no opposition to the motion.

Article 89 (1) of the Revised Penal Code provides:

“Art. 89. How criminal liability is totally extinguished - Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment;

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In People vs. Abungan[1], this Court ruled that the death of appellant pending appeal and prior to the finality of the judgment of conviction results in the dismissal of the criminal case against him and the setting aside of the decision under review. Necessarily, the lower court’s decision becomes ineffectual.

WHEREFORE, the instant motion is GRANTED. Criminal Case No. C-52 is DISMISSED and the Decision under automatic review is SET ASIDE. (Quisumbing, J., is on leave.)

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court