Rape case dismissed following suspect’s death

CEBU, Philippines - A rape suspect had his case dismissed by the Supreme Court not because he was cleared from charges but by virtue of his death.

The suspect, Democrito Paras of Toledo City, was accused of raping a minor, then 17 years old, when the incident happened in 1996.

Associate Justice Teresita Leonardo-De Castro resolved to set aside its decision dated June 4, 2014, which affirmed the decision of the Regional Trial Court convicting Paras of charges. Paras died on January 24, 2013.

“…when the accused-appellant died on January 24, 2013, his appeal to this Court was still pending. The decision dated June 4, 2014 was thereafter promulgated as the Court was not immediately informed of the accused-appellant’s death. The death of the accused-appellant herein, thus, extinguished his criminal liability, as well as his civil liability directly arising from and based solely on the crime committed,” De Castro’s decision reads.

The SC affirmed, with modifications, the decision of the Court of Appeals dated February 2, 2010 finding Paras guilty beyond reasonable doubt.

De Castro said it was Police Supt. Roberto Rabo, officer-in-charge of the New Bilibid Prison, who sent the Supreme Court a letter informing the court of Paras’ death.

Rabo attached a certified true copy of the Death Certificate, which showed that Paras died of pulmonary tuberculosis.

De Castro had sentenced Paras to 40 years imprisonment and to pay the victim P50,000 as civil indemnity, P50,000 as moral damages, P30,000 as exemplary damages, plus legal interest on all damages awarded at the rate of six percent per annum from the date of finality of the decision.