Torts And Damages Case Digest: Heirs Of

Pedro Tayag V. Hon. Fernando S. Alcantara,

Et Al. (1980)
G.R. No. L-50959 July 23, 1980
Lessons Applicable: Elements of quasi-delict (Torts and Damages)

FACTS:
 September 2, 1974 a.m.: Philippine Rabbit Bus bump Pedro Tayag Sr. was riding on
a bicycle along MacArthur Highway at Bo. San Rafael, Tarlac driven by Romeo Villa,
as a result of which he sustained injuries which caused his instantaneous death
 Judge granted the motion, and consequently, suspended the hearing of Civil Case
while criminal case is pending judgment
 RTC: acquitting the Romeo Villa of the crime of homicide on the ground of
reasonable doubt
 subsequently, the civil case was dismissed
ISSUE: W/N the civil case based on quasi-delict should be barred by the acquittal in a
criminal case

HELD: NO. order of dismissal should be, as it is hereby set aside

 Art. 31. When the civil action is based on an obligation not arising from the act or
commission complained of as a felony. such civil action may proceed independently
of the criminal proceedings and regardless of the result of the latter.
 All the essential averments for a quasi delictual action are present, namely: (1) an
act or omission constituting fault or negligence on the part of private respondent;
(2) damage caused by the said act or commission; (3) direct causal relation
between the damage and the act or commission; and (4) no pre-existing contractual
relation between the parties