Accused Martin L. Romero and Ernesto C. Rodriguez was convicted by the trial court of estafa under Article 315, par. 2 (d) of the Revised Penal Code, in relation to Presidential Decree No. 1689, for widescale swindling, and sentencing each of them to suffer the penalty of life imprisonment and to jointly and severally pay Petitioner damages. The accused appealed the said judgment. During the pendency of the appeal, Ernesto C. Rodriguez died.
Whether the death of an accused during the pendency of this case extinguishes his criminal and civil liability
Yes, as a consequence of his death before final judgment, his criminal and civil liability ex delicto, were extinguished.
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