SCRIPT FOR HEARING ON MOTION TO EXTINGUISH CRIMINAL AND CIVIL LIABILITY

1. Criminal Case No. 53242 – People vs Aslan

For: Direct Assault

Judge: Oclarit
City Prosec: Ramos
Accused: Grospe
Witness: Zumarraga

 Warden will inform that accused is already dead; shows death certificate;
defense will make/manifest a motion
 Judge: criminal liability and civil liability is extinguished

1. If the accused dies before arraignment, the case shall be dismissed, without prejudice
to any civil action that the offended party may file against the estate of the deceased

2. If the accused dies after arraignment and during the pendency of the criminal action, both
the criminal and civil liability arising from the crime shall be extinguished

> However, the independent civil actions may be filed against

the estate of the accused after proper substitution, and the heirs of the accused may also
be substituted for the deceased

SCRIPT:

JUDGE: Call the case.

CLERK: Criminal Case No. 53242, entitled People of the Philippines vs. Aslan, for Direct
Assault.

JUDGE: Appearance of the Prosecution and Defense.

PROSECUTOR: Your Honor, I am Atty. ________ appearing as prosecutor.

DEFENSE: Your Honor, I am Atty. ________ appearing as counsel for the accused.

Court: Is the prosecution ready?

Prosecution: Yes, YH.
Court: Is the defense ready?
Defense: Yes, YH.
Defense: Your Honor, before we proceed for today’s proceeding, we respectfully manifest per
information of the provincial warden that the accused _________ is already dead last Thursday,
March 24, hence, we respectfully move your honor that the case be dismissed on the ground
of extinguishment of criminal liability as well as his personal liability in accordance with Art. 89
of the Revised Penal Code.
JUDGE: Noted. This hearing is one for motion to dismiss the case. Counsel
for the accused, may we hear from you the contents of the subject
motion which was received by this honorable court.

DEFENSE: Yes your honor, this is the death certificate secured.

Accused, Aslan, through the undersigned counsel, unto this

Honorable Court, respectfully move for dismissal of the case, for
the reasons therein stated, and that the same be served upon the
complainant, in accordance with law.

1. That herein accused is presently being indicted for DIRECT ASSAULT under
Criminal Case No. 53242 filed before this Honorable Court;
2. That herein accused died after the trial and during the pendency of his case,
the charge against him must be dismissed;
3. That the testimony Dr. ________ stating that the herein accused died of
myocardial infarction or heart attack while eating inside the detention by
reason of Angina which causes chest pain due to lack of oxygen or blood
supply to the heart; and
4. That a death certificate was secured by the warden.

WHEREFORE, premises considered, it is respectfully prayed that the Honorable Court that
this Motion to Dismiss be granted and that the criminal charge of Direct Assault against
the accused Aslan be dismissed.

JUDGE: Any objection from the prosecution?

PROSECUTOR: None, your Honor.

JUDGE: Thus, upon accused-appellant's death pending appeal of his conviction, the criminal
action is extinguished inasmuch as there is no longer a defendant to stand as the accused; the
civil action instituted therein for the recovery of the civil liability ex delicto is ipso
facto extinguished, grounded as it is on the criminal action

WHEREFORE, the Court resolves to: (a) SET ASIDE the Court's Resolution dated March 30, 2014
in connection with this case; (b) DISMISS Crim. Case No. BN-01-02-3754 before the Regional
Trial Court, Branch 15 by reason of the death of accused-appellant Aslan; and (c) DECLARE the
instant case CLOSED and TERMINATED. No costs.