Court asked to dismiss perjury, ethics cases vs. late Chief Justice Corona
The camp of the late Chief Justice Renato Corona on Monday asked the Sandiganbayan to dismiss Corona's perjury and ethics violation cases following his death late last month.
"The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delicit," Corona's lawyers said in a motion, citing Section 4, Rule 111 the Rules of Court.
The lawyers also mention Article 89 (1) of the Revised Penal Code which states that the death of an accused before a final judgment is reached "totally extinguishes his supposed criminal and civil liabilities."
The motion added that "if the accuse 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."
In 2012, a Senate impeachment court removed Corona from post after it found him guilty for betraying public trust and committing culpable violation of the Constitution for having undeclared wealth.
Corona, 67, died on April 29 after suffering a cardiac arrest at the Medical City in Pasig City.
"Considering the foregoing, and in view of the untimely demise of accused, a fact which was reported in the news and media, and is requested to be made of judicial notice, undersigned counsels respectfully pray that this Honorable Court dismiss the instant cases against accused," the motion said. —Joseph Tristan Roxas/KBK, GMA News