PAJARITO VS.

SENERIS
87 SCRA 275

FACTS:
On May 9, 1975, Joselito Aizon, the driver-employee of an
Isuzu Passenger Bus operated by Felipe Aizon, caused the bus to turn
turtle as a result of which two of his passengers on board sustained
injuries which caused their death. Thereafter, an information was
filed in the CFI of Zamboanga City charging the accused with double
homicide through reckless imprudence. Upon arraignment, respondent
pleaded guilty and the court rendered a judgment convicting him and
to pay the amount of P12, 000.00. Due to the insolvency of the
accused, petitioner Lucia S. Pajarito, mother of the deceased
passenger, filed with the court a motion for the issuance of subsidiary
writ of execution against the operator Felipe Aizon. The court denied
petitioner's motion for subsidiary writ of execution.

ISSUE:
WON the trial court erred in denying the motion for
subsidiary writ of execution.

HELD:
Yes, the institution of the criminal action carries with it
the institution of the civil action arising therefrom. Considering
that Felipe Aizon does not deny that he was the registered operator
of the bus, the proceeding for the enforcement of the subsidiary
civil liability may be considered as part of the proceeding for the
execution of judgment.