Sandigan junks criminal case vs dead prosecutor

BY CZARINA NICOLE ONG KI

With the death of Makati City Assistant Prosecutor Rocky F. Caponong, the Sandiganbayan has dismissed the criminal case for direct bribery filed against him.

In a resolution, the anti-graft court also ordered the release of Caponong’s bond in favor of his estate.

Caponong had been accused of direct bribery, under the Code of Conduct and Ethical Standards for Public Officials and Employees and the Revised Penal Code (RPC), when he reportedly took advantage of his position by accepting money from a litigant.

The criminal charges stated that Caponong received money on three separate occasions from Herminio Sablawan Jr. in exchange for a favorable decision on a case under preliminary investigation by the late prosecutor.

“Accordingly, SB-12-CRM-0163 and SB-13-CRM-0129 are hereby dismissed by reason of the accused’s death,” the resolution written by Associate Justice Sarah Jane T. Fernandez and concurred in by Associate Justices Bernelito R. Fernandez and Kevin Narce B. Vivero stated.

Under Article 89 of RPC, criminal liability is totally extinguished “by the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.”