G.R. No. L-33171 May 31, 1979
Laws Applicable: Rule 111, Section 3 of the Rules of Court, Art. 31 and Article 2176 of the Civil Code
Laws Applicable: Rule 111, Section 3 of the Rules of Court, Art. 31 and Article 2176 of the Civil Code
Lessons Applicable: Quasi-delict (Torts and Damages)
FACTS:
- Porfirio P. Cinco filed a complaint against jeepney driven by Romeo Hilot and operated by Valeriana Pepito and Carlos Pepito for a vehicular accident
- At the pre-trial in the civil case, counsel for private respondents moved to suspend the civil action pending the final determination of the criminal suit, invoking Rule 111, Section 3 (b) of the Rules of Court, which provides:(b) After a criminal action has been commenced. no civil action arising from the same offense can be prosecuted, and the same shall be suspended, in whatever stage it may be found, until final judgment in the criminal proceeding has been rendered
- City Court: ordered the suspension of the civil case
- CFI by certiorari: dismissed
ISSUE: W/N there can be an independent civil action for damage to property during the pendency of the criminal action
HELD: YES. granting the Writ of certiorari prayed for
- nature and character of his action was quasi-delictual predicated principally on Articles 2176 and 2180 of the Civil Code
- Art. 2177. Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant
- primary and direct responsibility of employers and their presumed negligence are principles calculated to protect society
- The separate and independent civil action for a quasi-delict is also clearly recognized in section 3, Rule 111 of the Rules of Court:
SEC. 3. When civil action may proceed independently.—In the cases provided in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action.
- Secs. 3(a) and 3(b) of Rule 111 of the Rules of Court, which should be suspended after the criminal action has been instituted is that arising from the criminal offense not the civil action based on quasi-delict
- Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.
- Article 2176 of the Civil Code (supra), is so broad that it includes not only injuries to persons but also damage to property
- word "damage" is used in two concepts: the "harm" done and "reparation" for the harm done
