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G.R. No. L-51183 December 21, 1983 MADEJA v. HON. CARO an ARELLANO-JA!"ON w Dr. Eva A. Japzon is accused of homicide through reckless imprudence for the death of Cleto Madeja after an appendectomy in criminal case no. 7 !"" of the Court of #irst $nstance of Eastern %amar. &he complaining 'itness is the 'ido' of the deceased( Carmen ). Madeja. &he offended party reserves her right to file a separate civil action for damages. *hile the criminal case 'as still pending( Carmen ). Madeja sued Dr. Eva A. Japzon for damages in Civil Case +o. ,-, of the same court alleging that her hus.and died .ecause of Dr. Japzon/s gross negligence. &he respondent judge granted the defendant0s motion to dismiss 'hich motion invoked %ection 12a3 of 4ule ,,, of the 4ules of Court According to the respondent judge( 5under the foregoing %ec. 1 2a3( 4ule ,,,( +e' 4ules of Court( the instant civil action may .e instituted only after final judgment has .een rendered in the criminal action.5 $%%6E7 *hether or not the civil action against Dr. Japzon may proceed independently of the criminal action against her. 8E)D7 9es. $t is apparent that the civil action against Dr. Japzon may proceed independently of the criminal action against her. %ection :( 4ule ,,, of the 4ules of Court in relation to Article 11 of the Civil Code is the applica.le provision. &he t'o enactments are ;uoted herein .elo'7 %ec. :. Independent civil action. < $n the cases provided for in Articles 1,(1:( 11( 1- and :,77 of the Civil Code of the =hilippines( an independent civil action entirely separate and distinct from the criminal action( may .e .rought .y the injured party during the pendency of the criminal case( provided the right is reserved as re;uired in the preceding section. %uch civil action shall proceed independently of the criminal prosecution( and shall re;uire only a preponderance of evidence.5 24ule ,,,( 4ules of Court.3 Art. 11. $n cases of defamation( fraud( and physical injuries( a civil action for damages( entirely separate and distinct from the criminal action( may .e .rought .y the injured party. %uch civil action shall proceed independently of the criminal prosecution( and shall re;uire only a preponderance of evidence. 2Civil Code(3 &here are at least t'o things a.out Art. 11 of the Civil Code 'hich are 'orth noting( namely7 ,. &he civil action for damages 'hich it allo's to .e instituted is ex-delicto. &his is manifest from the provision 'hich uses the e>pressions 5criminal action5 and 5criminal prosecution.5 &olentino says7 The general rule is that when a criminal action is instituted, the civil action for recovery of civil liability arising from the offense charged is impliedly instituted with the criminal action, unless the offended party reserves his right to institute it separately; and after a criminal action has been commenced, no civil action arising from the same offense can AUSL Criminal Procedure| SY 13 14 2ND Semester
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be prosecuted. The present articles creates an exception to this rule when the offense is defamation, fraud, or physical injuries, In these cases, a civil action may be filed independently of the criminal action, even if there has been no reservation made by the injured party; the law itself in this article makes such reservation; but the claimant is not given the right to determine whether the civil action should be scheduled or suspended until the criminal action has been terminated. The result of the civil action is thus independent of the result of the civil action. !I "ivil "ode, p. #$$ %#&'$.() :. &he term 5physical injuries5 is used in a generic sense. $t is not the crime of physical injuries defined in the 4evised =enal Code. $t includes not only physical injuries .ut consummated( frustrated and attempted homicide. * *8E4E#?4E( the petition is here.y granted@ the order dismissing Civil Case +o. ,-, is here.y set aside@ no special pronouncement as to costs.

AUSL Criminal Procedure| SY 13 14 2ND Semester

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