Beruflich Dokumente
Kultur Dokumente
People (2004)
Facts: Petitioners driver was involved in an accident. He was found guilty and convicted of reckless
imprudence resulting to triple homicide, multiple physical injuries and damage to property and was also
sentenced to suffer imprisonment. He was also ordered to pay damages, and in the event of his insolvency,
the PRBL will be liable for the accuseds civil liabilities. The driver jumped bail and remained at large. Sec. 8,
Rule 124 of RoC authorizes the dismissal of the appeal when appellant jumps bail. Counsel for accused filed a
notice of appeal which was denied by the trial court. CA also affirmed the denial of the notice of appeal filed in
behalf of the accused.
PRBL also filed its notice of appeal from the judgment of the trial court and then filed its brief. The OSG moved
to be excused from filing the Peoples brief (because OSGs authority to represent People is confined to
criminal cases on appeal) but his was denied. The respondent then filed this instant motion to dismiss. This
motion was granted by RTC, and the appeal was dismissed. CA affirmed the RTC decision. CA ruled that once
the civil liability of the employee is determined in the criminal case, the employers subsidiary civil liability
becomes conclusive and enforceable. Also, to allow an employer to dispute independently the civil liability
fixed in the criminal case against the accused-employee would be to amend, nullify or defeat the final
judgment. Since the notice of appeal filed by the accused had already been dismissed by the CA, then the
judgment of conviction and the award of civil liability became final and executory. Included in the civil
liability of the accused was the employers subsidiary liability. Hence this petition for review under Rule 45.
The issue related to the topic is whether or not an employer, who dutifully participated in the defense of its
accused-employee, may appeal the judgment of conviction independently of the accused.
Held: No. Petitioner is not a direct party to the criminal case instituted against their employee. They have an
interest therein but this should be viewed in the light of their subsidiary liability. They may assist their
employees but the employer cannot act independently on its own behalf.
To allow employers to dispute the civil liability fixed in a criminal case would enable them to amend, nullify
or defeat a final judgment rendered by a competent court. To allow them to appeal the final criminal
conviction of their employee without the latters consent would also result in improperly amending, nullifying
or defeating the judgment. The decision convicting an employee in a criminal case is binding and conclusive
upon the employer not only with regard to the formers civil liability, but also with regard to its amount. The
liability of an employer cannot be separated from that of the employee.
The subsidiary liability of petitioner is incidental to and dependent on the pecuniary civil liability of the
employee. Since the civil liability of the latter has become final and enforceable by reason of his flight, then
the formers subsidiary civil liability has also become immediately enforceable.
The right to appeal is neither a natural right nor a part of due process. It is merely a procedural remedy of
statutory origin, a remedy that may be exercised only in the manner prescribed by the provisions of law
authorizing such exercise. The legal requirements must be strictly complied with.