Occena vs.

Icamina 181 scra 328 Facts: Petitioner Eulogio Occena filed a criminal complaint for grave oral defamation against the private respondent Cristina Vegafria for allegedly uttering insulting words and statement which caused great and irreparable damage and injury to his person and honor. The petitioner did not reserve his right to file separate action for damages, after the trial the respondent was convicted of the offense of slight oral defamation but no damages were awarded to petitioner. The petitioner not satisfied and disagrees, appeals in the regional trial court but was denied because of lack of merit Issue: Whether or not the decision of RTC constitutes the final adjudication on the merits of private respondent s civil liability Whether or not the petitioner is entitled to an award of damages Ruling: No, it is not yet considered as a final adjudication due to the timely appeal filed by petitioner with respect to the civil liability of the accused in said case. It was only the unappealed criminal aspect of the case which has become final. Yes. Civil liability arising from criminal offenses are governed by Art.100 of Revised Penal Code which provides that every person criminally liable for a felony is also civilly liable, in relation to Art.2177 of Civil Code on quasi-delict, the provisions for independent civil actions in the chapter of human relations and the provisions regulating damages, also found in the Civil Code. As a general rule, a person who is found to be criminally liable offends two entities: the state or society in which he lives and the individual member of society or private person who was injured or damaged by punishable act or omission. And the offended party, the petitioner s main contention precisely is that he suffered damages in view of the defamatory words and statements uttered by the private respondent