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state a cause of action. An Opposition thereto wasfiled by petitioner.

In an Order dated September 12, 1970,

respondent Judge dismissed the Complaint against truck-owner Timbol for reasons stated in the aforementionedMotion to Dismiss On September 30, 1970,petitioner sought before this Court the review of that dismissal,
to which petition we gave duecourse.On January 30, 1971, upon motion of jeep-owner-driver Salazar, respondent
Judge also dismissed thecase as against the former. Respondent Judgereasoned out that "while it is true
that anindependent civil action for liability under Article2177 of the Civil Code could be prosecutedindependently of
the criminal action for the offensefrom which it arose, the New Rules of Court, whichtook effect on January 1,
1964, requires an expressreservation of the civil action to be made in thecriminal action; otherwise, the same would
bebarred pursuant to Section 2, Rule 111 ...
Petitioner's Motion for Reconsideration thereof wasdenied in the order dated February 23, 1971, withrespondent
Judge suggesting that the issue beraised to a higher Court "for a more decisiveinterpretation of the rule.
On March 25, 1971, petitioner then filed aSupplemental Petition before us, also to review thelast two mentioned
Orders, to which we required jeep-owner-driver Salazar to file an Answer.
The Complaint against truck-owner Timbol
We shall first discuss the validity of the Order, datedSeptember 12, 1970, dismissing petitioner'sComplaint against
truck-owner Timbol.In dismissing the Complaint against the truck-owner,respondent Judge sustained
Timbol's allegationsthat the civil suit is barred by the prior joint judgment in Criminal Cases Nos. SM-227 and SM-228,
wherein no reservation to file a separate civilcase was made by petitioner and where the latteractively participated in the trial
and tried to provedamages against jeep-driver-Salazar only; and thatthe Complaint does not state a cause of actionagainst
truck-owner Timbol inasmuch as petitionerprosecuted jeep-owner-driver Salazar as the onesolely responsible for the
damage suffered by hiscar.Well-settled is the rule that for a prior judgment toconstitute a bar to a subsequent case,
the followingrequisites must concur: (1) it must be a final judgment; (2) it must have been rendered by aCourt having
jurisdiction over the subject matterand over the parties; (3) it must be a judgment onthe merits; and (4) there must be,
between the firstand second actions, Identity of parties, Identity of subject matter and Identity of cause of action.It is
conceded that the first three requisites of
res judicata
are present. However, we agree withpetitioner that there is no Identity of cause of actionbetween Criminal Case No. SM-227
and Civil CaseNo. 80803. Obvious is the fact that in said criminalcase truck-driver Montoya was not prosecuted
fordamage to petitioner's car but for damage to the jeep. Neither was truck-owner Timbol a party in saidcase. In fact
as the trial Court had put it "the ownerof the Mercedes Benz cannot recover any damagesfrom the accused Freddie
Montoya, he (Mendoza)being a complainant only against Rodolfo Salazar inCriminal Case No. SM-228.
And more importantly,in the criminal cases, the cause of action was theenforcement of the civil liability arising
fromcriminal negligence under Article l of the RevisedPenal Code, whereas Civil Case No. 80803 is basedon
under Article 2180, in relation toArticle 2176 of the Civil Code As held in
Barredo vs.Garcia, et al.
The foregoing authorities clearlydemonstrate the separate in.individuality of
under the Civil Code.Specifically they show that there is adistinction between civil liabilityarising from criminal
negligence(governed by the Penal Code) andresponsibility for fault or negligenceunder articles 1902 to 1910 of
theCivil Code, and that the samenegligent act may produce either acivil liability arising from a crimeunder the Penal
Code, or a separateresponsibility for fault or negligenceunder articles 1902 to 1910 of theCivil Code. Still more
concretely, theauthorities above cited render itinescapable to conclude that theemployer in this case the defendantpetitioner is primarily and directlyliable under article 1903 of the CivilCode. That petitioner's cause of action against
Timbol inthe civil case is based on quasi-delict is evident fromthe recitals in the complaint to wit: that whilepetitioner
was driving his car along MacArthurHighway at Marilao, Bulacan, a jeep owned anddriven by Salazar suddenly
swerved to his(petitioner's) lane and collided with his car That thesudden swerving of Salazar's jeep was
caused eitherby the negligence and lack of skill of FreddieMontoya, Timbol's employee, who was then drivinga gravel
and sand truck iii the same direction asSalazar's jeep; and that as a consequence of thecollision, petitioner's car
suffered extensive damageamounting to P12,248.20 and that he likewiseincurred actual and moral damages,
litigationexpenses and attorney's fees. Clearly, therefore, thetwo factors that a cause of action must consist of,

namely: (1) plaintiff's primary right, i.e., that he isthe owner of a Mercedes Benz, and (2) defendant'sdelict or wrongful
act or omission which violatedplaintiff's primary right, i.e., the negligence or lackof skill either of jeep-owner Salazar or
of Timbol'semployee, Montoya, in driving the truck, causingSalazar's jeep to swerve and collide with petitioner'scar,
were alleged in the Complaint.
Consequently, petitioner's cause of action beingbased on
respondent Judge committedreversible error when he dismissed the civil suitagainst the truck-owner, as said case
may proceedindependently of the criminal proceedings andregardless of the result of the latter.Art. 31. When the civil
action is basedon an obligation not arising from theact or omission complained of as afelony, such civil action may
proceedindependently of the criminalproceedings and regardless of theresult of the latter.But it is truck-owner
Timbol's submission (as well asthat of jeep-owner-driver Salazar) that petitioner'sfailure to make a reservation in the criminal
actionof his right to file an independent civil action barsthe institution of such separate civil action, invokingsection 2,
Rule 111, Rules of Court, which says:Section 2. Independent civil action. In the cases provided for in Articles31,
32, 33, 34 and 2177 of the CivilCode of the Philippines, anindependent civil action entirelyseparate and distinct from
thecriminal action may be brought by theinjured party during the pendency of the criminal case, provided the rightis
reserved as required in thepreceding section. Such civil actionshau proceed independently of thecriminal prosecution, and
shall requireonly a preponderance of evidence.Interpreting the above provision, this Court, in
Garcia vs. Florida
said:As we have stated at the outset, thesame negligent act causing damagesmay produce a civil liability arisingfrom crime
or create an action forquasi-delict or culpa extra-contractual. The former is a violationof the criminal law, while the
latter isa distinct and independentnegligence, having always had its ownfoundation and individuality. Somelegal writers are of
the view that inaccordance with Article 31, the civilaction based upon quasi-delict mayproceed independently of the
criminalproceeding for criminal negligenceand regardless of the result of thelatter. Hence, 'the proviso in Section 2of
Rule 111 with reference to ...Articles 32, 33 and 34 of the CivilCode is contrary to the letter andspirit of the said
articles, for thesearticles were drafted ... and areintended to constitute as exceptionsto the general rule stated in what
isnow Section 1 of Rule 111. Theproviso, which is procedural, may alsobe regarded as an unauthorizedamendment of
substantive law,Articles 32, 33 and 34 of the CivilCode, which do not provide for thereservation required in the
proviso ... .In his concurring opinion in the above case, Mr. Justice Antonio Barredo further observed thatinasmuch as
Articles 2176 and 2177 of the CivilCode create a civil liability distinct and differentfrom the civil action arising from the
offense of negligence under the Revised Penal Code, noreservation, therefore, need be made in the criminalcase;
that Section 2 of Rule 111 is inoperative, "itbeing substantive in character and is not within thepower of the Supreme
Court to promulgate; andeven if it were not substantive but adjective, itcannot stand because of its inconsistency
withArticle 2177, an enactment of the legislaturesuperseding the Rules of 1940."We declare, therefore, that in so far
as truck-owner Timbol is concerned, Civil Case No. 80803 is notbarred by the fact that petitioner failed to reserve,in
the criminal action, his right to file anindependent civil action based on quasi-delict.
The suit against jeep-owner-driver Salazar
The case as against jeep-owner-driver Salazar, whowas acquitted in Criminal Case No. SM-228, presentsa different
picture altogether.At the outset it should be clarified that inasmuch ascivil liability co-exists with criminal responsibility
innegligence cases, the offended party has the optionbetween an action for enforcement of civil liabilitybased on
under Article 100 of theRevised Penal Code, and an action for recovery of damages based on
culpa aquiliana
under Article2177 of the Civil Code. The action for enforcementof civil liability based on
culpa criminal
undersection 1 of Rule 111 of the Rules of Court isdeemed simultaneously instituted with the criminalaction, unless
expressly waived or reserved forseparate application by the offended party.
The circumstances attendant to the criminal caseyields the conclusion that petitioner had opted tobase his cause
of action against jeep-owner-driverSalazar on
culpa criminal
and not on
culpa aquiliana
as evidenced by his active participation andintervention in the prosecution of the criminal suit
against said Salazar. The latter's civil liabilitycontinued to be involved in the criminal action untilits termination. Such being the case,
there was noneed for petitioner to have reserved his right to filea separate civil action as his action for civil liabilitywas
deemed impliedly instituted in Criminal CaseNo. SM-228.Neither would an independent civil action he.Noteworthy is

the basis of the acquittal of jeep-owner-driver Salazar in the criminal case,expounded by the trial Court in this wise:In
view of what has been proven andestablished during the trial, accusedFreddie Montoya would be held ablefor having
bumped and hit the rearportion of the jeep driven by theaccused Rodolfo Salazar,Considering that the collision
betweenthe jeep driven by Rodolfo Salazarand the car owned and driven byEdgardo Mendoza was the result of the
hitting on the rear of the jeep bythe truck driven by Freddie Montoya,this Court behaves that accusedRodolfo Salazar
cannot be held ablefor the damages sustained byEdgardo Mendoza's car.
Crystal clear is the trial Court's pronouncement thatunder the facts of the case, jeep-owner-driverSalazar cannot be held
liable for the damagessustained by petitioner's car. In other words, "thefact from which the civil might arise did not exist.
"Accordingly, inasmuch as petitioner's cause of action as against jeep-owner-driver Salazar is
, founded on Article 100 of the Revised PenalCode, the civil action must be held to have beenextinguished
in consonance with Section 3(c), Rule111 of the Rules of Court
which provides:Sec. 3. Other civil actions arising fromoffenses. In all cases not includedin the preceding section
the followingrules shall be observed:xxx xxx xxxc) Extinction of the penal action doesnot carry with it extinction of
the civil,unless the extinction proceeds from adeclaration in a final judgment thatthe fact from which the civil nightarise
did not exist. ...And even if petitioner's cause of action as against jeep-owner-driver Salazar were not
, theend result would be the same, it being clear fromthe judgment in the criminal case that Salazar'sacquittal was not
based upon reasonable doubt,consequently, a civil action for damages can nolonger be instituted. This is explicitly
provided for inArticle 29 of the Civil Code quoted here under:Art. 29. When the accused in acriminal prosecution is
acquitted onthe ground that his guilt has not beenproved beyond reasonable doubt, acivil action for damages for the
sameact or omission may be instituted.Such action requires only apreponderance of evidence ...If in a criminal case
the judgment of acquittal is based upon reasonabledoubt, the court shall so declare. Inthe absence of any declaration to
thateffect, it may be inferred from thetext of the decision whether or notthe acquittal is due to that ground.In so far as
the suit against jeep-owner-driverSalazar is concerned, therefore, we sustainrespondent Judge's Order dated January 30,
1971dismissing the complaint, albeit on differentgrounds.WHEREFORE, 1) the Order dated September 12,1970
dismissing Civil Case No. 80803 againstprivate respondent Felino Timbol is set aside, andrespondent Judge, or
his successor, hereby orderedto proceed with the hearing on the merits; 2) butthe Orders dated January 30, 1971 and
February 23,1971 dismissing the Complaint in Civil Case No.80803 against respondent Rodolfo Salazar arehereby
upheld.No costs.SO ORDERED.
Teehankee, (Chairman), Makasiar, Fernandez,Guerrero and De Castro, JJ., concur.
1 p. 26, Rollo2 pp. 147-149, Ibid
3 pp. 138-139, Ibid
4 Decision P. 26, Ibid
5 73 PhiL 607, 620 (1942)6 Racoma vs. Fortich, 39S CRA521(1971)7 52 SCRA 420 (1973)8 Padua vs. Robles, 66
SCRA 485(1975)9 pp. 25-26, Rollo10 Eleano Hill, 77 SCRA 98 (1977