Dear Atty. Joji,

My best friend filed a case for Violence Against Women and Their Children (VAWC) against her partner. Sadly, she passed away before the trial concluded. The accused is now asking the court to dismiss the case, arguing that criminal liability was extinguished by her death. Is the case automatically dismissed?

Sophie

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Dear Sophie

In XXX v. People of the Philippines (G.R. No. 268392, 19 May 2025), the Supreme Court categorically ruled that a violation of Republic Act 9262, or the Anti-Violence Against Women and Their Children Act of 2004, is a public offense. Being a public offense, a case falling under Republic Act 9262 may be initiated by any citizen having personal knowledge of the circumstances involving its commission. This is to be distinguished from private crimes, such as adultery and concubinage, which may only be prosecuted upon a complaint filed by the offended spouse.

Once a criminal action is commenced, it is already under the direction and control of the public prosecutor, pursuant to Section 5, Rule 110 of the Rules of Court. Thus, even if the private complainant can no longer testify, the prosecution may proceed if there are other witnesses with personal knowledge and supporting evidence. “Therefore, even if the complainant is absent or can no longer give a testimony, the criminal proceedings may even proceed, so long as there are other witnesses with personal knowledge, and supporting pieces of evidence, to support the prosecution’s theory. Here, despite AAA268932’s death, the prosecution may still prove the commission of the crime through documentary evidence and testimonies from other witnesses.”

The Supreme Court further emphasized that the death of the offended party is not a cause for the extinguishment of criminal liability under Article 89 of the Revised Penal Code. Criminal laws exist to protect the State and society. It is a settled rule in this that criminal laws are enacted to protect the State and the society from dangerous transgressions. Since it is the State and the society who are the real victims of a crime, and not any individual, the proceedings may continue despite the private complainant’s death.

The High Court further held that the accused may still be convicted based on documentary evidence and testimonies of other witnesses who observed the abusive acts or the mental and emotional anguish suffered by the victim. As the Court noted, such suffering may still be established even after the victim’s death.

Hope this helps.

Atty. Joji Alonso