Beruflich Dokumente
Kultur Dokumente
Branch 37, arising from the same facts, and (2) that the
complaint failed to contain a certification against forum
shopping as required by Supreme Court Circular No. 2891.[4]
On December 12, 1996, the trial court issued an
order[5] dismissing Civil Case No.
DECISION
CV-94-214. On
PARDO, J.:
The Case
DMPI Employees Credit Cooperative, Inc. (DMPIECCI) seeks the annulment of the order[1] of the
Regional Trial Court, Misamis Oriental, Branch 20,
granting the motion for reconsideration of respondent
Eriberta Villegas, and thus reversing the previous
dismissal of Civil Case No. CV-94-214.
The Issues
The issues raised are: (1) whether the plaintiffs
failure to attach a certification against forum shopping in
the complaint is a ground to dismiss the case; [9] and, (2)
The Facts
Villegas
the
amount
of
supplied]
Procedure,
which
became
effective
on
action.
CASUPANAN
CAPITULO, petitioners,
The changes in the Revised Rules on Criminal
and
vs.
ROBERTO
MARIO
CARPIO, J.:
DENIES
the
No costs.
The Facts
The Fallo
21, 1997.[20]
The Case
WHEREFORE, the
DECISION
SO ORDERED.
each one of them may think and believe that the accident
dismissal.
abuse of discretion.
appeal.
[9]
case because the law and the rules expressly allow the
In their Reply, Casupanan and Capitulo contend that
the petition raises the legal question of whether there is
The MCTC dismissed the civil action for quasidelict on the ground of forum-shopping under Supreme
Court Administrative Circular No. 04-94. The MCTC
did not state in its order of dismissal [5] that the dismissal
was with prejudice. Under the Administrative Circular,
the order of dismissal is without prejudice to refiling the
complaint, unless the order of dismissal expressly states
it is with prejudice.[6] Absent a declaration that the
an
action
without
prejudice
is
not
Forum-Shopping
on Human Relations.
x x x.
may
be
litigated
in
separate
civil
others.
allowed
action
such reservation.
the
filing
of
separate
civil
x x x. (Emphasis supplied)
Section 1, Rule 111 of the 1985 Rules was amended
on December 1, 2000 and now provides as follows:
[10]
xxx
(b) x x x
Where the civil action has been filed separately and trial
thereof has not yet commenced, it may be consolidated
with the criminal action upon application with the court
final
criminal
judgment
is
rendered
in
the
x x x. (Emphasis supplied)
damages ex-delicto.
offended
civil
private
criminal action.
action
the
party
even
without
reservation. The
Thus, the Court ruled that the trial court should confine
itself to the criminal aspect of the case and disregard any
that the accused may file a separate civil case against the
claim
or
third-party
complaint
in
the
criminal
Conclusion
criminal case and the other the civil action for quasi-
for quasi-delict,
his
while
refusing
to
recognize
of the law.
One final point. The Revised Rules on Criminal
Thus, the civil action based on quasi-delict filed
SO ORDERED.
R.
Cerezo, petitioner,
vs. David
Tuazon, respondent.
DECISION
CARPIO, J.:
The Case
1995 rendered
by
56
complaint. However,
Branch
the
summons
was
returned
Antecedent Facts
Around noontime of 26 June 1993, a Country Bus
Lines passenger bus with plate number NYA 241
collided with a tricycle bearing plate number TC RV 126
along Captain M. Palo Street, Sta. Ines, Mabalacat,
Pampanga. On 1 October 1993, tricycle driver Tuazon
filed a complaint for damages against Mrs. Cerezo, as
owner of the bus line, her husband Attorney Juan Cerezo
(Atty. Cerezo), and bus driver Danilo A. Foronda
(Foronda). The complaint alleged that:
Bill of Particulars.[8]
Treatment - P69,485.35
2) Cost
of
repair
of
the
tricycle - 39,921.00
counsel;
Motion;
[10]
13, 1995;
of
fraud,
mistake
or
excusable
Atty. Elpidio
Valera;
the KBL Party, and very busy, using his office and
Spouses Juan
the trial courts order denying the petition for relief from
judgment. The Court of Appeals declared that the Cerezo
negligence,
considering
that
they
continued
to
and
[13]
resolution
order
denying
the
petition
for
relief
from
denying
the
petition
for
review
June 1999.[16]
of parties.
spouses.
quo.
SO ORDERED.[18]
On 20 January 2000, the Court of Appeals denied
the Cerezo spouses motion for reconsideration. [19] The
Court of Appeals stated:
A distinction should be made between a courts
jurisdiction over a person and its jurisdiction over the
subject matter of a case. The former is acquired by the
proper service of summons or by the parties voluntary
appearance; while the latter is conferred by law.
civil damages.
is no longer available.
not summon.
4. In dismissing the Petition for Annulment,
the
SO ORDERED.[20]
Court
of
Appeals
ruled
that
The Issues
involves
questions
of
lack
of
jurisdiction.
2. In dismissing the Petition for Annulment,
of
Appeals
denied
Mrs.
Cerezos
motion
for
annulment of judgment.
after
dismissed
Mrs.
Cerezos
petition. On 24
discovery
thereof
and
before
on 28 June 1999.
final and
the
judgment
of
the
trial
court
under
Rule
(Emphasis added)
of default.
pursuant to
37
[27]
[35]
law and not of civil law, while the basis of the present
her
active
participation
in
the
trial
court
Cerezo alone.
capacity
for
the
employees
criminal
subsidiary is wrong.[45]
action.[46]
and
cumbersome
method
of
obtaining
are established.
[47]
Foronda.
procedure? In
technicality.
the
laws,
courts
have
construing
[49]
Mrs.
Cerezo
even
in
the
of
for
absence
reconsideration,
is AFFIRMED with
payment.
SO ORDERED.
consideration
is
the
to
the
formal
entry
of
through
counsel,
private
prosecutor
Morales-Montojo
of
Quezon
City
Premises
considered,
there
amended.
PROBABLE CAUSE to
being
amended by PD 818
22, it is respectfully
attached Information be
Court.
were
separately
filed
[4]
the
informations
for
counsel
filed
Motion
for
of Appearance
R.
herein [p]etitioner. x x x.
of Atty.
Felix
proceedings.
[p]etitioner.
Hence, this Petition.[6]
On
27
June
2002,
the
[p]ublic
Issues
above-entitled
consideration:
criminal
cases
upon
Court, as amended.
[7]
the
offended
party
Sole Issue:
reservation.
theorizes
that
the
civil
action
16. Intervention
xxxxxxxxx
of
the
recover
liquidated,
moral,
nominal,
give rise to two criminal liabilities -- one for estafa and another
follows:
with
upon
criminal actions.
the
criminal
action
controversial
are entitled to civil indemnity, but (a) they waive the right
suit.
topics
in
criminal
no forum shopping.[11]
her.
his
own
act
or
omission,
done
Election of Remedies
several such rights arise out of the same facts, but the
246-247).
Magsino[14] as follows:
As a technical rule of procedure, the
these
remedies
are
not
the civil actions with the estafa cases and the inclusion
shall
have
gained
an
advantage
same check.
the merits.
[17]
pursuit
of
alternative
courses, the
[18]
[22]
after the criminal action has been filed as the same has
SO ORDERED.
complainants
intervention
in
HYATT
INDUSTRIAL
CORP., petitioner,
ELECTRIX
MANUFACTURING
vs. ASIA
CORP.
and
DYNAMIC
COURT
OF
APPEALS, respondents.
DECISION
the
PUNO, J.:
electrical
fittings
case.[4]
conduits
and
fees.[1]
Hence,
this
petition
raising
the
following
arguments:
1. There is no identity of interests, causes of action, and
reliefs in Civil Case No. MC 01-1493 before the
Regional Trial Court of Mandaluyong City and the
criminal complaints for violation of BP Blg. 22 filed
against Gil Santillan and Juanito Pamatmat before the
Metropolitan Trial Court of Pasig City docketed as I.S.
No. 00-01-00304 and I.S. No. 00-01-00300.
2. Petitioner is not guilty of forum shopping.
judgment.
[7]
Where the civil action has been filed separately and trial
of Mandaluyong City.
[8]
provide:
(a) x x x
(b) The criminal action for violation of Batas Pambansa
Blg. 22 shall be deemed to include the corresponding
civil action. No reservation to file such civil action
separately shall be allowed.
actions, the offended party shall pay in full the filing fees
proceedings.
[13]
PAJARILLO,
Petitioners,
Present:
PANGANIBAN, C.J.*
- versus - AUSTRIA-MARTINEZ,
CHICO-NAZARIO, JJ.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
case.[19]
-------------x
DECISION
resolution.
AUSTRIA-MARTINEZ, J.:
IN VIEW WHEREOF, the petition is DENIED.
SO ORDERED.
Before
us
is
petition
for
review
the
16,
2004 and
to
the
selection
and
supervision of Pajarillo;
that
Ecology
attorneys fees.
outside
her
residence,
approached security
pulled out her firearm from her bag to deposit the same
which reads:
WHEREFORE,
hereby
rendered
plaintiffs,
in
judgment
favor
the
of
heirs
is
the
of
Evangeline Tangco,
Safeguard
following:
said
criminal
case. The
RTC
and
Security
against
Agency,
Inc.
of Quezon City
1.
[3]
ONE HUNDRED
FIFTY
SEVEN
THOUSAND
HUNDRED
PESOS (P157,430.00),
FOUR
THIRTY
as actual damages
Meanwhile, on January 14, 1998, respondents
filed
with
RTC,
Branch
2.
FIFTY
THOUSAND
PESOS
(P50,000.00) as death
indemnity;
3.
ONE
MILLION
PESOS
(P1,000,000.00),
moral damages;
as
4.
THREE
HUNDRED
THOUSAND
PESOS
as
(P300,000.00),
exemplary damages;
5.
THIRTY
THOUSAND
PESOS
(P30,000.00),
as
complied with.
costs of suit.
[8]
VIEW
OF
ALL
THE
the
is
pronouncement as to costs.[9]
only
subsidiary
under
Penal
Art.
Code. No
In
finding
that
Safeguard
is
found
guilty
of Homicide
in
final
jointly
and
severally
liable
selection
and
supervision
of
its
The
issues
resolution
are
whether
negligence
in
shooting
Safeguard
should
(1) Pajarillo is
Evangeline;
respondents.
or solidary.
guilty
for
and
of
(2)
be
Petitioners
filed
their
Motion
the
instant
Petition
for
Review
of
finding
money claims.
Appeals
Honorable
gravely
The
erred
Honorable
Court
in
Court
of
holding
petitioner
liable
with
SECTION
1. Institution
of
Such
civil
action
1998.
7. That
The CA found that the source of damages in the
the
Ecology
Code.
who
was
employed
employment
We do not agree.
Safeguard
under
Security
of
and
relationship
between
co-
defendants.
herein plaintiffs.
8.
That
Evangeline
M. Tangco,
killing
her
instantly. x x x
xxxx
16.
That
defendants,
being
Evangeline M. Tangco.[16]
by Pajarillos act
of
shooting
and
killing
the
culpa aquilianaincludes
is
that
punishable
supplied)
by
law." (Emphasis
ruling
in
Joaquin
vs. Aniceto,
L-
[18]
xxxx
delict, we held:
action
Article
(Criminal
Case
No.
92944),
also
for
the
the
civil
[20]
criminal
case
action
to
file
an
for quasi-delict.
(Emphasis supplied)
cause
of
action
is
based
shooting Evangeline.
Respondents
evidence
established
that
of their employee.
We
must
first
resolve
the
issue
of
such
which was about 10 meters away from the bank [28] and
saw her talking to a man thereat; [29] that she left the man
bank. However,
claim
is
except
befuddled
for
that
the
prior
bare
by his
to
the
testimony
shot and killed the deceased out of pure instinct; [32] that
far from the bank and stage a bank robbery all by herself
other
surveying
gun
the area,
that aiming
her
than
his
testimony
which
was
even
such
cognizance.[31]
establishment
where
people
would
react
that she should not have held the gun with the nozzle
That Evangeline just wanted to deposit her gun
before entering the bank and was actually in the act of
pulling
her
gun
from
her
bag
when
xxxx
herein
mentioned
prove
that
they
primarily
well
employees
its employee.
as
regular
evaluations
of
the
for
the quasi-
Art.
2180. The
obligation
one is responsible.
xxxx
classroom instructions.
documentary evidence.
exercised
of Pajarillo since
the
diligence
the
in
the
record
selection
shows
It
had
not
been
established
that
NBI clearances.
Moreover, considering
his
reactions
to
had
and
regulations.
[41]
also
been
established
reported.
the
award
of
actual
damages
in
the
negligence.[50]
experienced
by
the
relatives
of
the
victim
is
WHEREFORE,
the
petition
for
review
Court
the offender.[46]
of
Appeals
SO ORDERED.
we awarded one
OF
THE
PHILIPPINES, respondent.
On
July
27,
1994,
Roman y Macadangdang]
accused
was
found
[Napoleon
guilty
and
DECISION
PANGANIBAN, J.:
for
one
year
at P2,500.00
The Case
Court
No.
attorneys fees[;]
of
Appeals
(CA)
in
CA-GR
CV
DISMISSED.[4]
[5]
The Facts
moral damages;
d. to
MAUREEN
BRENNAN,
the
sum
damages
in
the
amount
of P1,000,000.00;
income,
and P25,000.00
as
moral
damages;
actual damages;
g. to
as
medical
JULIANA
amount
medical
of P10,000.00;
TABTAB,
of P580.81
the
as
MIGUEL
ARQUITOLA,
of P12,473.82
as
expenses, P14,530.00
fees, P1,000.00
the
sum
of accused.
hospital
as
for
doctors
medicines
court. On April 29, 1997, the trial court gave due course
to [petitioners] notice of appeal. On December 8, 1998,
i. to
CLARITA
CABANBAN,
sum
medical
for
of P155.00
the
for
expenses, P87.00
j. to
MARIANO
CABANBAN,
the
sum
medicine, P2,100.00
as
actual
Main Issue:
Penal
Code
becomes
conclusive
and
enforceable.
accused-employee.
[7]
Finality of a Decision
in a Criminal Case
As to when a judgment of conviction attains finality
is explained in Section 7 of Rule 120 of the 2000 Rules
of Criminal Procedure, which we quote:
A judgment of conviction may, upon motion of the
accused, be modified or set aside before it becomes final
or before appeal is perfected. Except where the death
penalty is imposed, a judgment becomes final after the
lapse of the period for perfecting an appeal, or when the
Liability of an Employer
in a Finding of Guilt
Article 102 of the Revised Penal Code states the
subsidiary civil liabilities of innkeepers, as follows:
x x[14]
employees.
advance
the
innkeeper
himself,
or
the
person
xxxxxxxxx
duties.
[20]
absolved
responsibility and
the
of
judgment
his
criminal
reviewed
as
conclusively
bound
by
the
outcome
penalty it imposed.[34]
In
its
Memorandum,
petitioner
cited
against
the
accused-employee
becomes
open
to
jeopardy.
Effect of Absconding
Subsidiary Liability
on the Appeal Process
Upon Finality of Judgment
Moreover, within the meaning of the principles
governing the prevailing criminal procedure, the accused
[35]
appeal. Thus,
his
conviction
is
now
final
and
the
criminal
cases
against
their
employees. By
accused-employee is subsidiary.
[38]
the
facto attaches.
subsidiary
liability
of
the
employer ipso
judgment.
[49]
the execution against the latter has not been satisfied due
to insolvency.[50]
employer
liability.
may
fully
and
freely
present. Such
[51]
No Deprivation
of Due Process
As to the argument that petitioner was deprived of
words,
the
becomes ipso
same way that acquittal wipes out not only his primary
proven
[52]
employer
that
there
exists
an
employer-employee
operated
[57]
by
petitioners
driver,
Napoleon
the
Petition
the
is
assailed
SO ORDERED.
[58]
ROC)
JOSEPHINE M. SANCHEZ, G.R. No. 155309
Petitioner,
P
resent:
P
a
n
g
a
n
i
Court
painstakingly
Chairman,
- versus - Sandoval-Gutierrez,
Corona,
The Case
x -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --- -- -- -- x
WHEREFORE,
DECISION
the
assailed
PANGANIBAN, J.:
accounts.
use
of
forged
or
falsified
the
misappropriated,
amounts
and
misapplied
and
The Facts
FEBTC.
in
the
said
fraudulent
transactions, namely:
It is undisputed that Kai J. Chin was the
director and representative of Chemical
Bank. Its subsidiary, the Chemical
International Finance Limited (CIFL),
was an investor in [Respondent] Far
East
Bank
and
Trust
[C]ompany
(CA#
0009-04212-1)
in
Case
No.
93-126175.
She
on
September
30,
1992,
she
withdrew P200,040.86.
representative
to
purchase
cashiers
memorandum
of
Chin
of
the
the
approval
applications
After
by
Bagsit
application
and
and
has
has
approved
the
checked
the
cashiers
follows:
check
is
issued.
Then
Bagsit.
Check No.
Date
Amount
Exhibit
1417
1488
2197
1318
2420
2482
2717
2946
P100,000.00
150,000.00
11/17/92
11/26/92
50,000.00
190,000.00
12/09/92
200,400.00
were
examined
National
at
Police
the
Crime
12/12/92
220,000.00
01/04/93
210,000.00
reimburse
ultimately
01/18/93
200,000.00
the
CIFL
suffered
misappropriated
account
and
the
total
amount
of P3,787,530.86.[6]
02/01/93
180,000.00
3606
02/26/93
180,000.00
3776
03/08/93
200,000.00
U
The main defense of petitioner consisted of a
3850
03/19/93
200,000.00
4108
04/01/93
150,000.00
4329
04/20/93
100,000.00
4620
3241
4432
150,000.00
05/13/93
150,000.00
The Regional Trial Court (RTC) did not find Kai Chin to
be a credible witness. According to the RTC, FEBTCs
records showed that, contrary to his testimony, he had
expressly authorized petitioner to transact matters
concerning Chemical Banks account.[8]
use
of
procedural
infirmities.[10] Yet,
only
petitioner
indicted.
was
whether
conviction
or
acquittal,
was
FOR
ALL
THE
FOREGOING
crime?
as
actual
damages,
than
the
offended
parties?
offenses charged?[19]
The Issues
The Courts Ruling
Petitioner raises the following issues for this
Courts consideration:
First Issue:
(1) Whether the judgment of
conviction had already become final at
Timeliness of the
Motion for Reconsideration
when
received
should
it
be
construed
as
referring
to
judgment;
[26]
[23]
[31]
reglementary period.
separate one, or (3) the civil action was filed prior to the
criminal complaint.
[37]
1. Institution
of
Such
civil
action
includes
of
res
judicata,
that
judgment
is
omission. x x x.
thus:
as
only
happened on 29 September
1992.
period therefor.
stated in Salazar.
later
on
supported
by
an
her
account
and
the
subsequent
questionable
transaction
case. x x x.
Re: Crim. Cases Nos. 93-126172, 93126178, 93-126189 and 93-126190. -These four cases involve the Cashiers
Checks applied for and made payable to
the accused (Exhs. G-1, F-2, H-2 and I2). Exhs. G-1 and F-2 were encashed by
the accused because they bear at their
xxxxxxxxx
her
in
her
personal
account.
the
indorsement
thereof
checks.
Q:
In
her
capacit
your
secretar
y, when
she was
your
as
secretar
y
On the other hand, as the trial judge clearly
noted, Kai Chin did not even bother to rebut the
statement of petitioner that she had turned over the
proceeds of the checks to him.[43] All he asserted was that
he had neither signed the applications for the purchase of
the checks nor endorsed those checks. His credibility
was assessed by the judge thus:
did
Josephi
ne
Sanche
z have
anythin
g to do
with the
Chemic
al
Internat
ional
Finance
account
p. 9, 8
Nov
1994)
Jo Sanchez for
proper
The records of the bank and FEBII,
disposition.
concerning
the
Chemical
In
view
of
my
home
above
requests
will
be
1) Ms. Enriquez
to
partially
terminate
the
amount
of P250,000.00
as a rebuttal witness).[44]
from
the
CIFs placement
(P3M)
and
SA#0101-
58459-8
maintained
at
Intramuros
Branch.
2) Ms. Bagsit to
debit SA#010158459-8
for P290,000.00
same
to
my
Secretary,
Ms.
Office
in
Intramuros
ALANO, Vice
President of
also
representative,
Sanchez.
informed
Ms.
last
me
J.
M.
Mr.
Kai
Chin,
placements/preterminations/pay
placements
ments
/preterminations/payments of the
himself
representative,
RTC.][45]
of
or
the
his
Ms.
account
authorized
J.
M.
These
facts
were
recited
in
reads as follows:
and
that,
furthermore,
her
testimony
had
been
[47]
of
witnesses
and
their
from which civil liability may arise does not exist carries
MAURICIO
MANLICLIC
and
Petitioners,
Presen
YNAR
G.R. N
- versus -
Chairp
AUST
MODESTO CALAUNAN,
conclusion.
Respondent.
CALL
CHIC
Promu
based on the fact that she had not committed the offense
imputed to her. Consequently, she cannot be held civilly
liable. In concluding that she, as well as her testimony,
was credible, the trial court cannot be faulted with
arbitrariness or negligence. Tellingly, her testimony that
she turned over the proceeds of the subject checks to Kai
Januar
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -----------x
DECISION
52,
are
hereby REINSTATED.
pronouncement as to costs.
SO ORDERED.
No
CHICO-NAZARIO, J.:
Philippine
Rabbit
Bus
Lines,
Inc.
Damage
to
Property with
Physical
Injuries,
damages
against
Mendoza,
was
on
his
40
of
the
North
Luzon
approximately
Expressway
the
way
of Dagupan City,
two
Bus,
certificate;
and
was
later
transferred
to
[5]
Santos
Guevara,
Court
Interpreter, who
(TSNs)[4] of
the
testimonies
of
respondent
conductor
testimony
of Donato Ganiban,
TSN[9] of
investigator
the
of
the
1989
and
has
not
returned
since
then. Rogelio Ramos took the stand and said that his
Respondent
further
marked,
among
other
testimonies
of Donato Ganiban,
there.
Respondent
The trial court subpoenaed the Clerk of Court of
Branch 8, RTC, Malolos, Bulacan, the court where
Criminal Case No. 684-M-89 was tried, to bring the
insists
it
was
and
they
overtook
the
EVIDENCE
WHEREFORE,
judgment
is
OF
II
the
in
ON A QUESTION OF LAW IN
moral
ACCIDENT
OCCURRED.
repair
of
the
question; P100,000.00
jeep
as
SUPPOSEDLY
III
ON A QUESTION OF LAW IN
AFFIRMING THE TRIAL COURTS
In a decision dated 28 September 2001, the Court of
SELECTION
OF
AND
decision of the
Court of
IV
I
THE COURT OF APPEALS ERRED
ON A QUESTION OF LAW IN
AFFIRMING THE TRIAL COURTS
QUESTIONABLE
ADMISSION
IN
ON A QUESTION OF LAW IN
AFFIRMING THE TRIAL COURTS
QUESTIONABLE
AWARD
OF
be
Calaunan.[15]
admissible
as
[16]
of the
charge
[17]
the
[18]
testimonies
Marcelo
Mendoza
of
[19]
and
[21]
to apply, the
waived its right to object that the TSNs did not comply
and at the same time insist that the TSN of the testimony
testimonies
and
of Calaunan,
Marcelo
Mendoza
to
We
do
not
subscribe
Express
Way
towards
[30]
on, quasi-delict.
and
supervision
of
its
employees,
particularly
incident,
plaintiff
sustained
bodily
hereof;
5.
That
approximately
at
was
478
then
being
driven
by
one
solely
due
to
reckless
drove
his
was
his vehicle;
who
the
it
appears
that
exonerating
petitioner Manliclic in
the
the jeep; xx x
In spite of said ruling, petitioner Manliclic can
We do not agree.
appellant.
xxxx
institution
under
the
Civil
Code
with
same
negligence
causing
final judgment that the fact from which the civil might
arise did not exist), said acquittal closes the door to civil
As regards civil liability arising from quasidelict or culpa aquiliana, same will not be extinguished
by an acquittal, whether it be on ground of reasonable
doubt or that accused was not the author of the act or
omission complained of (or that there is declaration in a
final judgment that the fact from which the civil liability
afterthought
on
before
the
part
this
of
Philippine
Rabbit
Investigator
statement
and
testimony,
his
in
the
statement
of
Philippine
Rabbit
Investigator
Rabbit
Investigator
Philippine
Rabbit
Bus
took
his
escape
difference
the
statement
should
attention. The
between
not
one-day
the
giving
of
two
[40]
entertain
the
possibility
of
statement
of Manliclic himself,
the
that caused the smash up, there arises the juris tantum
statement
of
should
Affidavit
unreliability
of
to
prevail. Besides,
of
Oscar Buan(Exh.
the
latter
in
his
the
statement
13)
given
xxxx
If
testimony
one
of
would
the
employee.[43]
defendant,
the
thereof
its
having
rather
been
the
believe
than
forced
on
off
the
screening
process
that
diligence
supervision of employees
standard
their
on
documentary
operating
procedures,
evidence,
that
they
monitor
complied
with
[44]
in
hiring
the
and
selection
and
may be
supervision. As
the
Appeals,
for
the
guidance
to
overcome
such
presumption.
of
employees
of
employees. It
employing
followed. x x x.
and
the
imposition
is
the
incumbent
erring
driver
upon
the
rules
and
regulations
for
all
the
drivers
of
same,
moral
[48]
under
damages
the
must
circumstances,
be
reduced
must
be
to P50,000.00.
this case.
by law.[51]
of
does
not
comply with the guidelines set forth in the cases abovementioned. The presence of the investigators after the
accident is not enough supervision. Regular supervision
of employees, that is, prior to any accident, should have
WHEREFORE,
premises
considered,
the
SO ORDERED.
of
Santiago,
province
of
Isabela,
and
MARIA
NICOLAS, respondents.
DECISION
No.
066. Petitioner
George
Manantan
was
that:
and move his body away from the steering wheel but he
was not able to avoid the oncoming vehicle and the two
road.
xxx
while the jeep swerved across the road so that one half
front portion landed on the lane of the car while the back
and ate the same with one more case of beer. They ate
half portion was at its right lane five meters away from
Ambrocio
LBC Night Club. They had drinks and took some lady
partners at the LBC. After one hour, they left the LBC
legs.[2]
lost
consciousness. When
he
regained
WHEREFORE,
accident,
the cars lane and bumped the car which turned turtle
twice and rested on its top at the right edge of the road
Ruben Nicolas,
and
the
decision
sentenced
to
appealed
indemnify
from
is
plaintiffs-
SO ORDERED.[5]
In finding petitioner civilly liable, the court a
quo noted that at the time the accident occurred,
Manantan was in a state of intoxication, due to his
having consumed all in all, a total of at least twelve (12)
bottles of beerbetween 9 a.m. and 11 p.m.[6] It found that
petitioners act of driving while intoxicated was a clear
WHEREFORE,
in
the
light
of
the
foregoing
SO ORDERED.[4]
Hence,
the
present
case. Petitioner,
in
his
consideration:
HOMICIDE
FORECLOSED
FURTHER
NEGLIGENCE
OR
ANY
RECKLESS
IMPRUDENCE
civil liability?
PETITIONERS
REASON
THAT
ACQUITTAL
THE
CIVIL
FOR
THE
ACTION
WAS
MANANTAN, AND
RENDER
THE
IN
THEIR
PERSONAL
PAID,
THUS
VIOLATING
[10]
[14]
offense.
[11]
(2) the first jeopardy must have terminated; and (3) the
Article 29 of the Civil Code, [16] where the civil action for
066
his
became
[17]
imprudence.
and
the
discharge. The
jeopardy
judgment
was
terminated
of
acquittal
by
The reason for this rule is that the parties are not the
civil action.
act
or
omission.[13] There
being
no delict,
civil
non-existence
of
petitioners
negligence
or
filing fees for the damages awarded are a first lien on the
judgment. Hence,
there
is
no
violation
of
filing fees for their claims for damages when the civil
damages.
respondents
argue
that
SEC. 6, ROC)
[21]
contained
no
specific
allegations
jurisdiction.
exclusively.
WHEREFORE, the
petitioners
motion
instant
for
petition
reconsideration,
are
Finding the issue involved in the ejectment case to be
one of prior possession, the CFI dismissed the petition
SO ORDERED.
as aforesaid.
another
pending
in
another
court,
genuineness
of
document
allegedly
forged by respondent
attorneys
Administrative
Celdran
be
the
necessarily involved in
stayed. 2
properly
determined
until
the
in
vs.
Case
Santiago
withheld
until
litigation
has
been
decided.
Complainant
Celdran
that
finally
WHEREFORE,
the
instant
petition
is
hereby
his share in the intestate estate for P300.00. The sale was
No Costs.
SO ORDERED.
P.
vs.
MARTIN PARAS and ALFREDO D. BARCELONA,
SR., Judge of the 3rd MTC of Glan Malapatan,
South Cotabato, respondents.
Mariano C. Alegarbes for petitioner.
Public Attorney's Office for private respondent.
CRUZ, J.:
This is still another dispute between brother and sister
over a piece of property they inherited from their
parents. The case is complicated by the circumstance
that the private respondent's counsel in this petition is
the son of the judge, the other respondent, whose action
is being questioned.
(sic)
that there
is
The Court has deliberated on the issues and finds that the
provides as follows:
conducting
arraigned.
the
preliminary
the
instance
of
the
judge
alone,
and
it
also
there may have been a basis for the order in view of the
prejudicial question.
but also wrongly applied it. The facts of that case are not
the
criminal
action;
and
(b)
the
proceed.
filed against Ras based on the same double sale that was
innocence.
in order because:
suspension
of
the
criminal
action
pending
the
that the civil case involves the same facts upon which
the accused". 6
complaining
witnesses
in
the
which
would
be
necessarily
criminal case.
sale, suggests not only ignorance of the law but also bias
faithful
severely.
to
the
law
and
maintain
professional
On
September
24,
1990,
petitioner
municipality
judge.
SO ORDERED.
Trial
Court,
Branch
23,
Molave,
ZAMBOANGA
by
MAYOR
DEL
DOMICIANO
SUR;
E.
REAL, petitioners,
vs.
COURT OF APPEALS, VICENTE MEDINA and
FORTUNATA ROSELLON, respondents.
construction
this case;
writ
said:
of
preliminary
mandatory
thereon
will
not
be
jeopardized."
court.
apply.
Case No. N-10, LRC Cad. Rec. No. N-108, Lot 9481
the
land
involved
in
this
case.
the
Judge.
private
respondents
filed
petition
of
the
public
domain
which
the
of Court).
this rule:
deprivation
of
property
Constitution prohibits.
(See
Manila
property.
The appellate court then stated:
while Article 695 provides:
In the case at bar, there is neither
statutory authority for the trial court's
considerable
be unequal. . . .
the
case
pending
before
the
pp.
55-56)
number
of
persons,
follows:
The issue, however, is not the nature of the cause of
Art. 694. A nuisance is any act,
omission,
business,
which:
establishment,
such
structures
constitute
a nuisance
subject
Abatement,
abatement
to
public dominion, to be
without
judicial
and
proceedings.
to
be
made
disposed of or even
leased
Local
municipality to private
Government
Code
(B.P.
Blg.
337)
the
by
the
parties.
demolition.
Council of Pozorrubio, (102 Phil. 869870) where the Supreme Court declared:
There is absolutely no
question that the town
plaza cannot be used for
construction
the
of
and
public
plaza
of
the
municipality.
It is the decision in Civil Case No. 2040
and the said resolution of the municipal
council of San Fernando that respondent
Macalino was seeking to enforce when
he ordered the demolition of the stalls
BY
municipality
PHILIPPINES
of
San
Fernando,
THE
PRESIDENT
OF
THE
PLAZA
PLAYGROUND
AND
PURPOSES
IN
THE
MUNICIPALITY
OF
DUMINGAG,
such
investigatiom
and
PROVINCE
OF
OF MINDANAO.
by
law,
FERDINAND
MARCOS,
situated
in
PRESIDENT
the
OF
E.
THE
Municipality
of
resolution
Subanan native.
of
which
is
logical
former.
[1920])
The essential elements of a prejudicial
Considering therefore, the nature and purpose of the
being
prejudicial
question
which
would
respectively
civil
and
possibility
of
petitioner's
futility.
tells us:
Thus,
right
Am
Jur
of
2d
in the exercise of a
issue
another
involved
in
the
pending
pending
in
for
to
disposition of causes an
its
portion.
effort
there
is
power
control
dockets
with
itself,
for
counsel,
and
for
litigants.
Where
the
properly
after
until
determination
of
the
for
the
the
determined
questions
undergo
trial
notwithstanding
the
instances
court
involving
two
[2]
ejectment
case
may
be
instant case since the two actions involved are both civil
subject
parcel
of
land,
necessarily,
the
private
interest
in the instant case and wait for the final outcome of the
cadastral proceedings.
of
justice, we
rule
accompli.
466.)An
dismissal, if this be
ordained, would be a
expropriation:
order
of
merits.
power
eminent
(CitingInvestments, Inc.
the
v. Court of Appeals, et
condemnation on be a
"of
of
domain
and
condemnation
declaring
the
right
be filed or heard.
to
that
take
the
property sought to be
condemned,
for
the
described
in
the
complaint,
upon
the
determination
payment
of
just
Court
compensation
to
of
to
the
"the
just
be
determined as of the
property sought to be
complaint."
the
(Citing
Court
with
the
than
31;
commissioners
Consolidated
Benguet
v.
three
(3)
(CitingSections 5 to 8,
before,
and
findings
of,
the
would
(Rollo, p. 50)
commissioners
the
filing
of
the
in
the
attorney's
amount
fees
of
in
P1,000.00
the
amount
00,
of
stated:
factual basis.
action.
SO ORDERED.
vs.
BANK, Respondent.
DECISION
AUSTRIA-MARTINEZ, J.:
Before the Court is a Petition for Review on Certiorari of
the Decision1 dated November 14, 2000 of the Court of
10
places.
21
of
petitioners
27, 1998.
extra-judicial
sale
indicated
that
22
Anent the first issue, the Court finds that petitioners have
mortgage relates
to the
venue of extra-judicial
satisfied.
situated.
of the credit.
A.M. No. 99-10-05-0,30 the Procedure on Extra-Judicial
The debtor, in this case, shall have a right to the
is satisfied.
that the debtor cannot ask for the release of any portion
of
properties
the
debt
cannot
ask
for
the
proportionate
are
located
extrajudicial
(Emphasis supplied)
foreclosures
and
to
of
allowing
proceed
the
thereat.
is P10,437,015.2031 each,
is
therefore
flawed.
of P10,437,015.29.32
33
The two cases can proceed separately and take their own
proceeding.
was requested, but not later than thirty days after the
possession
of
the
mortgaged
property
of
foreclosure
proceedings
on
mortgaged
IMELDA
MARBELLA-BOBIS, petitioner,
DECISION
YNARES-SANTIAGO, J.:
On October 21, 1985, respondent contracted a first
marriage with one Maria Dulce B. Javier. Without said
marriage having been annulled, nullified or terminated,
the same respondent contracted a second marriage with
petitioner Imelda Marbella-Bobis on January 25, 1996
and allegedly a third marriage with a certain Julia Sally
Hernandez. Based on petitioners complaint-affidavit, an
information for bigamy was filed against respondent on
February 25, 1998, which was docketed as Criminal
Case No. Q98-75611 of the Regional Trial Court, Branch
226, Quezon City. Sometime thereafter, respondent
initiated a civil action for the judicial declaration of
absolute nullity of his first marriage on the ground that it
was celebrated without a marriage license. Respondent
then filed a motion to suspend the proceedings in the
criminal case for bigamy invoking the pending civil case
for nullity of the first marriage as a prejudicial question
to the criminal case. The trial judge granted the motion
to suspend the criminal case in an Order dated December
29, 1998.[1]Petitioner filed a motion for reconsideration,
but the same was denied.
Hence, this petition for review on certiorari. Petitioner
argues that respondent should have first obtained a
judicial declaration of nullity of his first marriage before
entering into the second marriage, inasmuch as the
alleged prejudicial question justifying suspension of the
[3]
[4]
which would have been valid had it not been for the
[6]
[7]
(b)
the
resolution
of
such
issue
a marriage.
bigamy.
Ignorance of the existence of Article 40 of the Family
Respondent alleges that the first marriage in the case
before us was void for lack of a marriage license.
and wife for at least five years. [11] The issue in this case
[12]
Hence, parties
SO ORDERED.
CARPIO, petitioner,
vs.
HON. SERGIO DOROJA, (Presiding Judge, MTC,
Branch
IV,
Zamboanga
City)
and
EDWIN
RAMIREZ Y WEE,respondents.
PARAS, J.:
the
trial
court
is
ordered
to
SET ASIDE
not only indigent but also jobless and thus cannot answer
accordingly
Imprudence
follows:
pleaded
mitigating
the penalty of One (1) month and One (1) day to Two (2)
accused
the
convicted
guilty
is
and
likewise
for
Reckless
appreciating
ordered
to
this
indemnify
probation.
committed
by
their
servants,
pupils,
workmen,
duties.
contractual"
but
from
"culpa-aquiliana";
(c)
the
proceedings.
action.
these requirements.
victim."
WHEREFORE,
the
order
of
respondent
court
SO ORDERED.
vs.
SALVADOR
BOBIS,
ET
AL., defendants.
Arturo
M.
Glaraga
for
plaintiffs-appellees.
state a cause of action against him, for the reason that the
amended complaint did not aver that the driver, Bobis,
moral
damages,
P1,000.00
as
exemplary
performance
of
his
ordinary
duties
and
civil liability.
their duties.
the date of its judgment, and it could not know then that
EVELYN
YONAHA, petitioner,
vs.
HON. COURT OF APPEALS and HEIRS OF
while
driving
Toyota
attorney's fees. 3
On 27 April 1992, a writ of execution was issued for the
satisfaction of the monetary award. In his Return of
Service, dated 07 May 1992, the MTCC Deputy City
Sheriff stated that he had served the writ on accused
Elmer Ouano but that the latter had manifested his
inability to pay the money obligation.
enforce the writ, and it was then, allegedly for the first
subsidiary
writ,
reconsideration,
she
averred
no
for
moved
petitioner
petitioner
execution,
hearing.
But
even
The
requirement
is
mandatory
even
when
it
insolvency.