I.

Pedro Elcano and Patricia Elcano, in their capacity as Ascendants of

Agapito Elcano, deceased vs. Reginald Hill, minor, and Marvin Hill, as
a father and Natural Guardian of said minor
G.R. No. L24803 (May 26,1977)

DOCTRINE:
A civil action can be instituted even if the accused in a criminal prosecution
is acquitted on the ground that his guilt has not been proved beyond
reasonable doubt.

FACTS:
The Respondent, Reginald Hill, a minor and married that time, killed the son
of the complainant named Agapito Elcano. The parents, complainant, filed
criminal case against Reginald Hill but was acquitted on the ground that
intent to kill is not present. After that, complainant filed a complaint for
recovery of damages or civil damages. A motion to dismiss was filed by the
defendants. The Court of First Instance of Quezon city denied the motion.
Nevertheless, the civil case was finally dismissed upon motion for
reconsideration.

ISSUE:
Whether or Not the Civil Action for Damages is barred on the grounds that
Reginald Hill is acquitted in the criminal case?

HELD:
No, the acquittal in the criminal case does not extinguished a civil liability or
responsibility. This is based on the Article 29 of the Civil Code of the
Philippines which states that “When the accused in a criminal prosecution is
acquitted on the ground that his guilt has not been proved beyond
reasonable doubt, a civil action for damages for the same act or omission
may be instituted. Such action requires only a preponderance of evidence”.
Therefore, civil action by the complainant will pursue.