[ G.R. No. 26282. August 27, 1976 ] 164 Phil. 432; 72 OG 10603 (November, 1976)
SECOND DIVISION
[ G.R. No. 26282. August 27, 1976 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BENITO SATORRE AND PAULINO RONDINA, ACCUSED-APPELLANTS. R E S O L U T I O N
CONCEPCION, JR., J.:
In Criminal Case No. 2641 of the Court of First Instance of Leyte, Branch VI, the accused Benito Satorre and Paulino Rondina were found guilty beyond reasonable doubt of the crime of double murder and were sentenced to suffer the penalty of reclusion perpetua for each of the two murders, to jointly and severally indemnify the heirs of each of the deceased Carlos Espina and Loreto Silva the sum of Six Thousand Pesos (P6,000.00) without subsidiary imprisonment in case of insolvency and to pay the costs.[1]
Both accused appealed to this Court.
On February 13, 1976, a letter addressed to the Clerk of Court of this Court, was received from the Administrative Officer of the Bureau of Prisons, reading as follows:
“This is to inform that Honorable Court that defendant-appellant PAULINO RONDINA No. 8553-D in G.R. No. L-26282 (Criminal Case No. 2641 of the Court of First Instance of Leyte, Carigara), for Double Murder, died of Peptic Ulcer, Bleeding, on December 11, 1975 in the New Bilibid Prison, Hospital, Muntinlupa, Rizal."[2]
On March 31, 1976, this Court adopted the following Resolution:
“Considering the letter dated February 13, 1976 of Administrative Officer Gerardo N. San Pedro of the Bureau of Prisons, addressed to the Clerk of Court, informing this Court that accused-appellant Paulino Rondina died of peptic ulcer, bleeding on December 11, 1975 in the New Bilibid Prison Hospital, Muntinlupa, Rizal, the Court Resolved to require the Solicitor General to COMMENT on said letter within ten (10) days from notice."[31]
Pursuant to the above Resolution, the Solicitor General filed his comment,[41] on June 2, 1976, alleging among others that:
“5. Going over the ROLLO of this case with this Honorable Court, we found that the appellant Rondina hails from Leyte, Leyte (Amended Information p. 31, Roll; Minutes of April 3, 1965 session, p. 49, Roll) which address/birthplace also appears as the deceased’s address/birthplace in Annex “A”. Further, appellant Rondina’s prison number as stated in the Death Certificate (Annex “A”) is #8553-D. This is the same prisoner number stated in the letter of Administrative Officer San Pedro informing this Honorable Court of appellant Rondina’s death (p. 155, Roll), although in p. 24, of the Roll, there is a letter purportedly written by the appellant to this Honorable Court withdrawing his appeal, which letter is signed: Paulino Rondina #8653-D. Notwithstanding the discrepancy, it appears that the person mentioned in the death certificate and in the records of the case are one and the same person: appellant Paulino Rondina."[5]
and, recommends that the case against the appellant Paulino Rondina be dismissed, citing the case of People vs. Alison.[6]
In the cited case, this Court ruled that:
“x x x. The death of accused-appellant Bonifacio Alison having been established, and considering that there is as yet no final judgment in view of the pendency of the appeal, the criminal and civil liability of the said accused-appellant Alison was extinguished by his death.”
WHEREFORE , in accordance with the prayer of the Solicitor General, the case against the appellant, the late Paulino Rondina, is dismissed with costs de oficio.
SO ORDERED.
Fernando, Acting C.J., (Chairman), Barredo, and Antonio, JJ., concur.
Aquino, J., concurs in a separate opinion.