The woman who was reportedly victimized by the two alleged swindlers killed in an ambush in barangay Kalunasan Monday afternoon can still initiate a civil case against the estate of the deceased to recover the amount that was taken from her.
But, whatever criminal charges that were filed against them would be dismissed because of their death.
It is clearly provided by the Rules of Court that “If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased.”
It means that the heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs.
Jose Mecias Magno, 43, of Buhangin, Davao and Medase Castro, 45, of Mantuyong, Mandaue City were arrested for allegedly duping Susana Abella of P300,000 worth of jewelry and hundreds of dollars and cash.
A criminal case for corruption of public officials has been filed by the police against Magno and Castro after they tried to bribe SP01 Jeffrey Diola and P03 Raul Cosido with P50,000 in exchange for not filing charges against them and to release them.
Their case was raffled and was assigned to the sala of Municipal Trial Court in Cities (MTCC) judge Monalila Tecson, but immediately after their release from jail last Monday, unidentified armed men ambushed them. – Rene U. Borromeo/NLQ