Casupanan v.

Laroya, 388 SCRA 28

FACTS

• Respondent filed a criminal action against petitioners for Reckless Imprudence

Resulting to Damage to Property.

• While the criminal case is pending, the Petitioners filed with the MCTC a civil case for
Quasidelict.

• Respondent filed a motion to dismiss the said civil action against him on the ground of
forumshopping considering the pendency of the criminal case.

• The MCTC granted the motion then the Petitioners filed a motion for reconsideration
which was denied by the MCTC then they appeal to the RTC, with was also denied.
Hence this case.

ISSUE

• Whether an accused in a pending criminal case for reckless imprudence can validly
file, simultaneously and independently, a separate civil action for quasi-delict against
the private complainant in the criminal case.

RULING

• Yes. Under Section 1 of Rule 111 of the Rules of Court, the independent civil action in
Articles 32, 33, 34, and 2176 of the Civil Code is not deemed instituted with the criminal
action but may be filed separately by the offended party even without a reservation, the
commencement of the criminal action does not suspend the prosecution of the
independent civil action under these articles of the Civil Code.

• The suspension in Section 2 of Rule 111 of the Rules of Court refers only to the civil
action arising from the crime if a such civil action is reserved or filed before the
commencement of the criminal action, thus, the offended party can file two separate
suits for the same act or omission.

• The first a criminal case where the civil action to recover civil liability ex-delicto is
deemed instituted, and the other a civil case for quasi-delict – without violating the rule
on non-forum shopping.

• In this case, the two cases can proceed simultaneously and independently of each
other. The commencement or prosecution of the criminal action will not suspend the
civil action for quasi delict.

• The only limitation is that the offended party cannot recover damages twice for the
same act or omission of the defendant.