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Subject: Ex Delicto Principle

Nuguid v. Nicdao
G.R. no. 150785
September 15. 2006

Clarita Nicdao allegedly borrowed money from Emma Nuguid. Upon demand of
payment, Nicdao refused to acknowledge the indebtedness. Fourteen checks were issued
thereafter but was drawn against insufficient funds, which resulted to the charge against Nicdao
for violations of BP 22.
The Municipal Trial Court of Dinalupihan, Bataan found respondent guilty and was
sentenced to pay P1,150,000.00 plus interest and to suffer imprisonment equivalent to one year
for each violation of BP 22. The Regional Trial Court in toto affirmed the decision but upon
reaching the Court of Appeals, it was reversed and acquitted the respondent.

Is Nicdao still civilly liable for the sum of P1, 150, 000.00?

No. The court considered the statements of the appellate court that the supposes civil
liability of respondent had already been extinguished by payment; petitioner admitted having
received the cash payments on a daily basis but argued that the same were applied to interest
payments only, therefore, acquitted.
The Court stated that the basic principle in civil liability ex delicto is that every person
criminally liable is also civilly liable, crime being one of five sources of obligation under the
Civil Code.