Reynaldo Bermudez, Sr. and Adonita Yabut Bermudez vs. Hon. Judge A.

Melecio-Herrera,
Domingo Pontino y Tacorda and Cordova Ng Sun Kwan
G.R. No. L-32055 February 26, 1988

YAP, J.

Facts:
On May 10, 1969, a cargo truck hit the son of the spouses Bermudez, Rogelio; the truck
was driven by Domingo Tacorda and owned by Cordova Ng Sun Kwan. The Bermudez filed
before the Office of the Fiscal in Manila City on July 27, 1969 a criminal complaint against
Tacorda, accusing him of Homicide through Reckless Imprudence with their Reservation to File
Separate Civil Action. The following day, Bermudez subsequently filed a civil case with the
Court of First Instance against Tacorda and Cordova Ng Sun Kwan. The Honorable judge
dismissed the civil case seeking indemnity through damages by a quasi-delict, alleging that the
spouses act of reserving the filing of a separate civil action, they intended to treat the accident as
that of a crime. The spouses motioned to reconsider but was dismissed just the same, hence this
appeal.

Issue:
Whether or not the civil action against the appellees arose from that of a crime

Ruling:

No. The civil action was brought about by a quasi-delict. While it is true that the spouses
reserved their right to file a separate civil action, it nonetheless did not preclude them to file a
civil action for a quasi-delict. Sections 1 and 2 of Rule 111 of the Rules of Court, referencing
Articles 31, 32, 33, 34 and 2177 of the Civil Code of the Philippines, collectively contemplates
that an independent civil action entirely separate and distinct from the criminal action may be
brought by the injured party incurred in a quasi-delict during the pendency of a criminal case; the
quasi-delict arose from negligence or responsibility for fault.

The reservation done by the spouses did not preclude their filing of civil action, for the
civil action is entirely separate and distinct, although the criminal case resulted in the defendants
acquittal. Upon these considerations, the Supreme Court resolved to set aside the resolution of
the lower courts, thus remanding the civil action back to the lower courts for proper proceedings.