People v. Romero
306 SCRA 90
Accused Martin L. Romero and Ernesto C. Rodriguez were owner and manager of SAIDDECOR, a Ponzi scheme which guarantees 800% earnings of investment. They were charged of the crime of estafa and convicted for the same. During the pendency of the case, Ernesto Rodriguez died.
Whether or not the liabilities of Ernesto Rodriguez had been extinguished due to his death
The death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability ex delicto. The criminal action is extinguished inasmuch as there is no longer a defendant to stand as the accused, the civil action instituted therein for recovery of civil liability ex delicto is ipso facto extinguished, grounded as it is on the criminal case. Corollarily, the claim for civil liability survives notwithstanding the death of the accused, if the same may also be predicted on a source of obligation other than delict.