FACTS:

Case timeline:

1. Dr. Eva A Japzon is accused of homicide through reckless imprudence for the death of Cleto Madeja 
an appendectomy in the Court of First Instance of Eastern Samar.
2. The complaining witness is the widow of the deceased, Carmen L. Madeja.
3. The information states that: "The offended party Carmen L. Madeja reserving her right to file a sepa
civil action for damages.”
4. While the criminal case is still pending, Madeja sued Dr. Japzon for damages in Civil Case No. 141 o
same court. She alleged that her husband died because of gross negligence of the accused.
5. The respondent judge granted the defendant's motion to dismiss which motion invoked Section 3(a
Rule 111 of the Rules of Court.
6. According to the respondent judge, "under the foregoing Sec. 3 (a), Rule 111, New Rules of Court, th
stant civil action may be instituted only after final judgment has been rendered in the criminal action.”
7. This is the instant petition which seeks to set aside the order of the respondent judge granting the de
dant's motion to dismiss.