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32972910 Torts Magic Notes

32972910 Torts Magic Notes

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Published by rodeltalladarivera

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Published by: rodeltalladarivera on Aug 19, 2010
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10/29/2011

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January 27, 1983

FACTS: Victory Liner bus driven by Paje collided with a
jeep driven by Marcia. Marcia died and 2 other were
seriously injured. An info for homicide and double
serious physical injuries through reckless imprudence
was filed against Paje. Heirs of Marcia reserved the
right to file a civil action separately and later did. CA
acquitted Paje stating that the case was a pure

accident. Heirs of Marcia instituted this separate civil
action for damages. Trial court dismissed.

ISSUE: Won the acquittal of the accused serves as a
bar to the civil action for damages

HELD: The charge against Paje was not for homicide
and physical injuries but for reckless imprudence or
criminal negligence resulting in homicide and physical
injuries They are not one of the three crimes mentioned
in Article 33 of the Civil Code and, therefore, no civil
action shall proceed independently of the criminal
prosecution.

C L A S S N O T E

Reckless Imprudence is not included in Art. 33
no independent civil action
Article 33 construed strictly

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