CASE
DOCTRINES IN CIVIL LAW REVIEW I
Compiled
by Glenn Rey D. Anino
Juris Doctor
University of Cebu
Juris Doctor
University of Cebu
Umali
vs. Estanislao, 209 SCRA 446(1992)
Constitutional
Law; Taxation; Statute; Court rules that Rep. Act 7167 took effect on
30 January 1992 which is after fifteen (15) days following its
publication on 14 January 1992 in the "Malaya".—Accordingly,
the Court rules that Rep. Act 7167 took effect on 30 January 1992,
which is after fifteen (15) days following its publication on 14
January 1992 in the "Malaya."
Same;
Same; Same; Same; The court is of the considered view that Rep. Act
7167 should cover or extend to compensation income earned or received
during calendar year 1991.—Coming
now to the second issue, the Court is of the considered view that
Rep. Act 7167 should cover or extend to compensation income earned or
received during calendar year 1991.
Same;
Same; Same; Same; Same; These increased exemptions can be available
on 15 April 1992 only in respect of compensation income earned or
received during the calendar year 1991.—And
then, Rep. Act 7167 says that the increased personal exemptions that
it provides for shall be available thenceforth, that is, after Rep.
Act 7167 shall have become effective. In other words, these
exemptions are available upon the filing of personal income tax
returns which is, under the National Internal Revenue Code, done not
later than the 15th day of April after the end of a calendar year.
Thus, under Rep. Act 7167, which became effective, as aforestated, on
30 January 1992, the increased exemptions are literally available on
or before 15 April 1992 (though not before 30 January 1992). But
these increased exemptions can be available on 15 April 1992 only in
respect of compensation income earned or received during the calendar
year 1991.
PEOPLE
OF THE PHILIPPINES, petitioner, vs. HON. PROCORO J. DONATO
Definition
of waiver.––Waiver is
defined as “a voluntary and intentional relinquishment or
abandonment of a known existing legal right, advantage, benefit,
claim or privilege, which except for such waiver the party would have
enjoyed; the voluntary abandonment or surrender, by a capable person,
of a right known by him to exist, with the intent that such right
shall be surrendered and such person forever deprived of its benefit;
or such conduct as warrants an inference of the relinquishment of
such right; or the intentional doing of an act inconsistent with
claiming it.”
Same;
Same; Same; Same; Same; What rights and privileges may be waived.––As
to what rights and privileges may be waived, the authority is
settled: “x x x the doctrine of waiver extends to rights and
privileges of any character, and, since the word ‘waiver’ covers
every conceivable right, it is the general rule that a person may
waive any matter which affects his property, and any alienable right
or privilege of which he is the owner or which belongs to him or to
which he is legally entitled, whether secured by contract, conferred
with statute, or guaranteed by constitution, provided such rights and
privileges rest in the individual, are intended for his sole benefit,
do not infringe on the rights of others, and further provided the
waiver of the right or privilege is not forbidden by law, and does
not contravene public policy; and the principle is recognized that
everyone has a right to waive, and agree to waive, the advantage of a
law or rule made solely for the benefit and protection of the
individual in his private capacity, if it can be dispensed with and
relinquished without infringing on any public right, and without
detriment to the community at large. x x x Although the general rule
is that any right or privilege conferred by statute or guaranteed by
constitution may be waived, a waiver in derogation of a statutory
right is not favored, and a waiver will be inoperative and void if it
infringes on the rights of others, or would be against public policy
or morals and the public interest may be waived. While it has been
stated generally that all personal rights conferred by statute and
guaranteed by constitution may be waived, it has also been said that
constitutional provisions intended to protect property may be waived,
and even some of the constitutional rights created to secure personal
liberty are subjects of waiver.”
Same;
Same; Same; Same; Same; Same; Rights to bail is another of the
constitutional rights which can be waived.––We hereby rule that
the right to bail is another of the constitutional rights which can
be waived. It is a right which is personal to the accused and whose
waiver would not be contrary to law, public order, public policy,
morals, or good customs, or prejudicial to a third person with a
right recognized by law.
THE
PEOPLE OF THE PHILIPPINES vs. RAFAEL LICERA
Civil
law; Stare Decisis; Court interpretation of law has also the effect
of law.—Article 8 of the Civil Code of the Philippines decrees the
judicial decisions applying or interpreting the laws or the
Constitution form part of this jurisdiction’s legal system. These
decisions, although in themselves not laws, constitute evidence of
what the laws mean. The application or interpretation placed by the
Court upon a law is part of the law as of the date of the enactment
of the said law since the Court’s application or interpretation
merely establishes the contemporaneous legislative intent that the
construed law purports to carry into effect.
Constitutional
law; Ex post facto law; New ruling disallowing special agents to
carry firearms without permit does not apply to acts committed prior
to promulgation of such ruling.—At the time of Licera’s
designation as secret agent in 1961 and at the time of his
apprehension for possession of the Winchester rifle without the
requisite license or permit therefor in 1965, the Macarandang
rule—the Court’s interpretation of section 879 of the Revised
Administrative Code—formed part of our jurisprudence and, hence, of
this jurisdiction’s legal system. Mapa revoked the Macarandang
precedent only in 1967. Certainly, where a new doctrine abrogates an
old rule, the new doctrine should operate prospectively only and
should not adversely affect those favored by the old rule, especially
those who relied thereon and acted on the faith thereof. This holds
more especially true in the application or interpretation of statutes
in the field of penal law, for, in this area, more than in any other,
it is imperative that the punishability of an act be reasonably
foreseen for the guidance of society.
ALBINO
S. CO vs. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES
Constitutional
Law; Statutes; Penal laws shall have a retroactive effect insofar as
they favor the person guilty of a felony who is not a habitual
criminal.—“Judicial decisions applying or interpreting the laws
or the Constitution shall form a part of the legal system of the
Philippines,” according to Article 8 of the Civil Code. “Laws
shall have no retroactive effect, unless the contrary is provided”
declares Article 4 of the same Code, a declaration that is echoed by
Article 22 of the Revised Penal Code: “Penal laws shall have a
retroactive effect insofar as they favor the person guilty of a
felony, who is not a habitual criminal.
Same;
Same; Same; Prospectivity principle has been made to apply to
administrative rulings and circulars.—The prospectivity principle
has also been made to apply to administrative rulings and circulars,
to wit: ABS-CBN Broadcasting Corporation v. CTA, Oct. 12, 1981, 108
SCRA 142, holding that a circular or ruling of the Commissioner of
Internal Revenue may not be given retroactive effect adversely to a
taxpayer; Sanchez v. COMELEC, 193 SCRA 317, ruling that Resolution
No. 90-0590 of the Commission on Elections, which directed the
holding of recall proceedings, had no retroactive application;
Romualdez v. CSC, 197 SCRA 168, where it was ruled that CSC
Memorandum Circular No. 29, s. 1989 cannot be given retrospective
effect so as to entitle to permanent appointment an employee whose
temporary appointment had expired before the Circular was issued.
Same;
Same; Same; Principle of prospectivity has also been applied to
judicial decisions.—The principle of prospectivity has also been
applied to judicial decisions which, “although in themselves not
laws, are nevertheless evidence of what the laws mean, ** (this
being) the reason why under Article 8 of the New Civil Code,
‘Judicial decisions applying or interpreting the laws or the
Constitution shall form a part of the legal system.
Same;
Same; Same; Court’s decision of September 21, 1987 in Que vs.
People xxx should not be given retrospective effect to the prejudice
of the petitioner and other persons similarly situated.—It would
seem, then, that the weight of authority is decidedly in favor of the
proposition that the Court’s decision of September 21, 1987 in Que
v. People, 154 SCRA 160 (1987)—i.e., that a check issued merely to
guarantee the performance of an obligation is nevertheless covered by
B.P. Blg. 22—should not be given retrospective effect to the
prejudice of the petitioner and other persons similarly situated, who
relied on the official opinion of the Minister of Justice that such a
check did not fall within the scope of B.P. Blg. 22.
Same;
Same; Same; Court sees no compelling reason why the doctrine of mala
prohibita should override the principle of prospectivity.—This is
after all a criminal action all doubts in which, pursuant to
familiar, fundamental doctrine, must be resolved in favor of the
accused. Everything considered, the Court sees no compelling reason
why the doctrine of mala prohibita should override the principle of
prospectivity, and its clear implications as hereinabove set out and
discussed, negativing criminal liability.
National
Marketing Corp. vs. Tecson
Civil
law; Application of laws; Article 18 of Civil Code explained; Term
"year" as used in our laws is limited to 365 days.—Prior
to the approval of the Civil Code of Spain, the Supreme Court thereof
held, on March 80, 1887, that, when the law spoke of months, it meant
a "'natural" month or "solar" month, in the
absence of 'express provision to the contrary. Such provision was
incorporated into the Civil Code of Spain, subsequently promulgated.
Hence, the same Supreme Court declared that, pursuant to Article 7 of
said Code, "whenever months are referred to in the law, it shall
be understood that the months are of 30 days," not the
"'natural," "solar" or "calendar"
months, unless they are "designated by name," in which case
"they shall be computed by the actual number of days they have."
This concept was, later, modified in the Philippines, by Section 13
of the Revised Administrative Code, pursuant to which, "month
shall be understood to refer to a calendar month." With the
approval of the Civil Code of the Philippines (RA 386) we have
reverted to the provisions of the Spanish Civil Code in accordance
with which a month is to be considered as the regular 30-day month
and not the solar or civil month with the particularity that, whereas
the Spanish Civil Code merely mentioned "months, days or
nights," ours has added thereto the term "years" and
explicitly ordains in Article 13 that it shall be understood that
years are of three hundred sixty-five days."
Same;
Same; Same; Article 18 defining "years" to mean 365 days is
unrealistic; Remedy is not judicial legislation.—Although some
justices of the Supreme Court are inclined to think that Article 13
of the Civil Code defining "years" to mean 365 days is not
realistic, the remedy is not judicial legislation. If public interest
demands a reversion to the policy embodied in the Revised
Administrative Code, this may be done through legislative process,
not by judicial decree. [National Marketing Corp. vs. Tecson, 29 SCRA
70(1969)]
FEDERICO
QUIZON and PROFITISA QUIZON vs. HON. JOSE L. BALTAZAR
Criminal
law; Prescription; Statutory Construction; For purposes of
determining whether or not a crime has prescribed pursuant to the
provisions of Article 90 of the Revised Penal Code, the term “month”
shall be understood as a 30-day month and not a calendar month.—In
the case of People vs. del Rosario, supra, which was properly brought
to the attention of the court in petitioners’ motion to quash, this
Court held very clearly that: x x x “The other question is whether
a month mentioned in Article 90 should be considered as the calendar
month and not the 30-day month. It is to be noted that no provision
of the Revised Penal Code defines the length of the month. Article 7
of the old Civil Code provided that month shall be understood as
containing 30 days; but this concept was modified by section 13 of
the Revised Administrative Code which provides that a month means the
civil or calendar month and not the regular 30-day month (Gutierrez
vs. Carpio, 53 Phil. 334). With the approval of the Civil Code of the
Philippines (R.A. No. 386), however, we have reverted to the
provisions of the Spanish Civil Code in accordance with which a month
is to be considered as the regular 30-day month (Article 13). This
provision of the new Civil Code has been intended for general
application in the interpretation of the laws. As the offense charged
in the information in the case at bar took place on May 28, 1953,
after the new Civil Code had come into effect, this new provision
should apply, and in accordance therewith the month in Article 90 of
the Revised Penal Code should be understood to mean the regular
30-day month.
Same;
Certiorari; Appeal is not an adequate remedy where the facts show
that the information filed against the accused is patently defective
or the offense therein charged has already prescribed. In such a case
the remedy of certiorari may be availed of.—As to the contention of
respondents that the denial of a motion to quash is not a ground for
certiorari or prohibition, suffice it to state that to allow an
accused to undergo the ordeals of trial and conviction when the
information or complaint against him is patently defective or the
offense charged therein has been indisputably shown to have already
prescribed is unfair and unjust, for which reason, procedurally, the
ordinary remedy of appeal cannot be plain and adequate. [Quizon vs.
Baltazar, 76 SCRA 560(1977)
Bellis
vs. Bellis, 20 SCRA 358, June 06, 1967
Wills;
Succession; Conflict of laws; Renvoi doctrine.—The doctrine of
renvoi is usually pertinent where the decedent is a national of one
country and is domiciled in another. It does not apply to a case
where the decedent was a citizen of Texas and was domiciled therein
at the time of his death. So that, even assuming that Texas has a
conflicts rule providing that the domiciliary law should govern
successional rights, the same would not result in a reference back
(renvoi) to Philippine law, but it would still refer to Texas law.
Nonetheless, if Texas has a conflicts rule, adopting the rule of lex
rei sitae, which calls for the application of the law of the place
where the properties are situated, renvoi would arise, where the
properties involved are found in the Philippines.
Same;
Foreign laws.—In the absence of proof as to the conflicts rule of
Texas, it would be presumed to be the same as our local conflicts
rule.
Same;
Applicability of national law to succession; Capacity to succeed—The
decedent's national law governs the order of succession, the amount
of successional rights, the intrinsic validity of the provisions of
the will and capacity to succeed.
Same;
Third paragraph of article 17 of New Civil Code does not modify
article 16.—The third paragraph of article 17 of the New Civil Code
is not an exception to the second paragraph of article 16. Precisely,
Congress deleted the phrase, "notwithstanding the provisions of
this and the next preceding article," when it incorporated
article 11 of the old Civil Code as article 17, while reproducing
without substantial change the second paragraph of article 10 of the
old Civil Code, as article 16. The legislative intent must have been
to make the second paragraph of article 176 a specific provision in
itself which must be applied in testate and intestate succession. As
a further indication of this legislative intent, Congress added a new
provision, under article 1039, which decrees that capacity to succeed
is governed by the decedent's national law.
Same;
Legitimes; Statutes; Special and general provisions.—Whatever
public policy and good customs may be involved in our system of
legitimes, Congres has not intended to extend the same to the
succession of foreign nationals. It has specifically chosen the
decedent's national law to govern, inter alia, the amount of
successional rights. Specific provisions must prevail over general
ones.
Same;
Testamentary provision that successional right to decedent's estate
would be governed by law other than his national law is void.—A
provision in a foreigner's will that his properties should be
distributed in accordance with Philippine law and not in accordance
with his national law is void, being contrary to article 16 of the
New Civil Code.
Same;
System of legitimes does not apply to estate of a citizen of
Texas.—Where the decedent was a citizen of Texas and under Texas
laws there are no forced heirs, the system of legitimes in Philippine
law cannot be applied to the succession to the decedent's testate
because the intrinsic validity of the provisions of the decedent's
will and the amount of successional rights are to be determined under
Texas law. [Bellis vs. Bellis, 20 SCRA 358(1967)]
Globe
Mackay Cable and Radio Corp. vs. Court of Appeals, 176 SCRA 778 ,
August 25, 1989
Torts
and Damages; Human Relations; Labor Law; Dismissal; The employer is
liable for damages to the employee if the dismissal is done
abusively.—The Court has already ruled that the right of the
employer to dismiss an employee should not be confused with the
manner in which the right is exercised and the effects flowing
therefrom. If the dismissal is done abusively, then the employer is
liable for damages to the employee [Quisaba v. Sta. Ines-Melale
Veneer and Plywood Inc., G.R. No. L-38088, August 30, 1974, 58 SCRA
771; See also Philippine Refining Co., Inc. v. Garcia, G.R. No.
L-21871, September 27, 1966, 18 SCRA 107]. Under the circumstances of
the instant case, the petitioners clearly failed to exercise in a
legitimate manner their right to dismiss Tobias, giving the latter
the right to recover damages under Article 19 in relation to Article
21 of the Civil Code.
Same;
Same; Malicious Prosecution; The right to institute criminal
prosecutions cannot be exercised maliciously and in bad faith.—While
sound principles of justice and public policy dictate that persons
shall have free resort to the courts for redress of wrongs and
vindication of their rights [Buenaventura v. Sto. Domingo, 103 Phil.
239 (1958)], the right to institute criminal prosecutions can not be
exercised maliciously and in bad faith [Ventura v. Bernabe, G.R. No.
L-26760, April 30, 1971, 38 SCRA 587]. Hence, in Yutuk v. Manila
Electric Co., G.R. No. L-13016, May 31, 1961, 2 SCRA 337, the Court
held that the right to file criminal complaints should not be used as
a weapon to force an alleged debtor to pay an indebtedness. To do so
would be a clear perversion of the function of the criminal processes
and of the courts of justice. And in Hawpia v. CA, G.R. No. L-20047,
June 30, 1967, 20 SCRA 536, the Court upheld the judgment against the
petitioner for actual and moral damages and attorney’s fees after
making a finding that petitioner, with persistence, filed at least
six criminal complaints against respondent, all of which were
dismissed.
Same;
Same; Same; Mere dismissal of a criminal complaint is not a ground
for an award of damages for malicious prosecution in the absence of
competent evidence showing bad faith on the part of complainant.—To
constitute malicious prosecution, there must be proof that the
prosecution was prompted by a design to vex and humiliate a person
and that it was initiated deliberately by the defendant knowing that
the charges were false and groundless [Manila Gas Corporation v. CA,
G.R. No. L-44190, October 30, 1980, 100 SCRA 602]. Concededly, the
filing of a suit, by itself, does not render a person liable for
malicious prosecution [Inhelder Corporation v. CA, G.R. No. 52358,
May 30, 1983, 122 SCRA 576]. The mere dismissal by the fiscal of the
criminal complaint is not a ground for an award of damages for
malicious prosecution if there is no competent evidence to show that
the complainant had acted in bad faith [Sison v. David, G.R. No.
L-11268, January 28, 1961, 1 SCRA 60].
Same;
Same; Same; The fact that the 6 criminal cases were filed
notwithstanding the police reports exculpating private respondent
from the anomalies, and the eventual dismissal of all such criminal
cases, lead to the conclusion that petitioner was motivated by
malicious intent in filing the criminal cases.—In fine, considering
the haste in which the criminal complaints were filed, the fact that
they were filed during the pendency of the illegal dismissal case
against petitioners, the threat made by Hendry, the fact that the
cases were filed notwithstanding the two police reports exculpating
Tobias from involvement in the anomalies committed against GLOBE
MACKAY, coupled by the eventual dismissal of all the cases, the Court
is led into no other conclusion than that petitioners were motivated
by malicious intent in filing the six criminal complaints against
Tobias.
Same;
Same; Quasi Delict; The principle of damnum absque injuria does not
apply in the instant case considering the abusive manner in which
petitioner exercised its right to dismiss private respondent, and the
several other quasi-delictual acts committed by the former.—According
to the principle of damnum absque injuria, damage or loss which does
not constitute a violation of a legal right or amount to a legal
wrong is not actionable [Escano v. CA, G.R. No. L-47207, September
25, 1980, 100 SCRA 197; See also Gilchrist v. Cuddy, 29 Phil. 542
(1915); The Board of Liquidators v. Kalaw, G.R. No. L-18805, August
14, 1967, 20 SCRA 987]. This principle finds no application in this
case. It bears repeating that even granting that petitioners might
have had the right to dismiss Tobias from work, the abusive manner in
which that right was exercised amounted to a legal wrong for which
petitioners must now be held liable. Moreover, the damage incurred by
Tobias was not only in connection with the abusive manner in which he
was dismissed but was also the result of several other
quasi-delictual acts committed by petitioners.
Same;
Same; Same; Exemplary Damages; Award of exemplary damages is proper
when the act performed is deliberate, malicious, and tainted with bad
faith.—Lastly, the award of exemplary damages is impugned by
petitioners. Although Article 2231 of the Civil Code provides that
“[i]n quasi-delicts, exemplary damages may be granted if the
defendant acted with gross negligence,” the Court, in Zulueta v.
Pan American World Airways, Inc., G.R. No. L-28589, January 8, 1973,
49 SCRA 1, ruled that if gross negligence warrants the award of
exemplary damages, with more reason is its imposition justified when
the act performed is deliberate, malicious and tainted with bad
faith. As in the Zulueta case, the nature of the wrongful acts shown
to have been committed by petitioners against Tobias is sufficient
basis for the award of exemplary damages to the latter. [Globe Mackay
Cable and Radio Corp. vs. Court of Appeals, 176 SCRA 778(1989)]
Ayer
Productions Pty. Ltd. vs. Capulong, 160 SCRA 861 , April 29, 1988
Constitutional
Law; Freedom of speech and of expression; Freedom includes freedom to
film, produce and exhibit motion pictures in theaters and
television.—Considering first petitioners’ claim to freedom of
speech and of expression, the Court would once more stress that this
freedom includes the freedom to film and produce motion pictures and
to exhibit such motion pictures in theaters or to diffuse them
through television. In our day and age, motion pictures are a
universally utilized vehicle of communication and medium of
expression. Along with the press, radio and television, motion
pictures constitute a principal medium of mass communication for
information, education and entertainment.
Same;
Same; Same; Freedom available to locally-owned and foreign-owned
motion picture companies; Expectancy of yielding mone-tary profit in
the production of motion pictures is not a disqualification for
availing freedom of speech and expression.—This freedom is
available in our country both to locally-owned and to foreign-owned
motion picture companies. Furthermore, the circumstance that the
production of motion picture films is a commercial activity expected
to yield monetary profit, is not a disqualification for availing of
freedom of speech and of expression. In our community as in many
other coun-tries, media facilities are owned either by the government
or the private sector but the private sector-owned media facilities
commonly require to be sustained by being devoted in whole or in part
to revenue producing activities. Indeed, commercial media constitute
the bulk of such facilities available in our country and hence to
exclude commercially owned and operated media from the exercise of
constitutionally protected freedom of speech and of expression and
only result in the drastic contraction of such constitutional
liberties in our country.
Same;
Same; Right of privacy; Right of privacy like right of free
expression is not an absolute right; The right cannot be invoked to
resist publication and dissemination of matters of public
interest.—The counter-balancing claim of private respondent is to a
right of privacy. It was demonstrated sometime ago by the then Dean
Irene R. Cort&s that our law, constitutional and statutory, does
include a right of privacy. It is left to caselaw, however, to mark
out the precise scope and content of this right in differing types of
particular situations. The right of privacy or “the right to be let
alone,” like the right of free expression, is not an absolute
right. A limited intrusion into a person’s privacy has long been
regarded as permissible where that person is a public figure and the
information sought to be elicited from him or to be published about
him constitute matters of a public character. Succinctly put, the
right of privacy cannot be invoked to resist publication and
dissemination of matters of public interest. The interest sought to
be protected by the right of privacy is the right to be free from
“unwarranted publicity, from the wrongful publicizing of the
private affairs and activities of an individual which are outside the
realm of legitimate public concern.”
Same;
Same; Same; Same; The projected motion picture “The Four Day
Revolution” does not constitute an unlawful intrusion upon private
respondent’s right ofprivacy.—Whether the “balancing of
interests test” or the “clear and present danger test” be
applied in respect of the instant Petitions, the Court believes that
a different conclusion must here be reached: The production and
filming by petitioners of the projected motion picture “The Four
Day Revolution” does not, in the circumstances of this case,
constitute an unlawful intrusion upon private respondent’s “right
of privacy.”
Same;
Same; Same; Same; Same; No clear and present danger of any violation
of any right to privacy that private respondent could lawfully
assert.—It may be observed at the outset that what is involved in
the instant case is a prior and direct restraint on the part of the
respondent Judge upon the exercise of speech and of expression by petitioners. The respondent Judge has restrained petitioner from
filming and producing the entire proposed motion picture. It is
important to note that in Lagunzad, there was no prior restraint of
any kind imposed upon the movie producer who in fact completed and
exhibited the film biography of Moises Padilla. Because of the
preferred character of the constitutional rights of freedom of speech
and of expression, a weighty presumption of invalidity vitiates
measures of prior restraint upon the exercise of such freedoms. The
invalidity of a measure of prior restraint does not, of course, mean
that no subsequent liability may lawfully be imposed upon a person
claiming to exercise such constitutional freedoms. The respondent
Judge should have stayed his hand, instead of issuing an ex-parte
Temporary Restraining Order one day after filing of a complaint by
the private respondent and issuing a Preliminary Injunction twenty
(20) days later; for the projected motion picture was as yet
uncompleted and hence not exhibited to any audience. Neither private
respondent nor the respondent trial Judge knew what the completed
film would precisely look like. There was, in other words, no “clear
and present danger” of any violation of any right to privacy that
private respondent could lawfully assert.
Same;
Same; Same; Same; Same; Same; The subject matter of “The Four Day
Revolution” is one of public interest and concern and does not
relate to the individual life and certainly not to the private life
of private respondent Ponce Enrile.—The subject matter of The Four
Day Revolution” relates to the non-bloody change of government that
took place at Epifanio de los Santos Avenue in February 1986, and the
train of events which led up to that denouement. Clearly, such
subject matter is one of public interest and concern. Indeed, it is,
petitioners’ argue, of international interest. The subject thus
relates to a highly critical state in the history of this country and
as such, must be regarded as having passed into the public domain and
as an appropriate subject for speech and expression and coverage by
any form of mass media. The subject matter, as set out in the
synopsis provided by the petitioners and quoted above, does not
relate to the individual life and certainly not to the private life
of private respondent Ponce Enrile. Unlike in Lagunzad, which
concerned the life story of Moises Padilla necessarily including at
least his immediate family, what we have here is not a film
biography, more or less fictionalized, of private respondent Ponce
Enrile. “The Four Day Revolution” is not principally about, nor
is it focused upon, the man Juan Ponce Enrile; but it is compelled,
if it is to be historical, to refer to the role played by Juan Ponce
Enrile in the precipitating and the constituent events of the change
of government in February 1986.
Same;
Same; Same; Same; Private respondent is a public figure: Definition
of ‘a public figure.—At all relevant times, during which the
momentous events, clearly of public concern, that petitioners propose
to film were taking place, private respondent was what Profs. Prosser
and Keeton have referred to as a “public figure:” “A public
figure has been defined as a person who, by his accomplishments,
fame, or mode of living, or by adopting a profession or calling which
gives the public a legitimate interest in his doings, his affairs,
and his character, has become a ‘public personage.’ He is, in
other words, a celebrity. Obviously to be included in this category
are those who have achieved some degree of reputation by appearing
before the public, as in the case of such constitutional freedoms.
The respondent Judge should have stayed his hand, instead of issuing
an ex-parte Temporary Restraining Order one day after filing of a
complaint by the private respondent and issuing a Preliminary
Injunction twenty (20) days later; for the projected motion picture
was as yet uncompleted and hence not exhibited to any audience.
Neither private respondent nor the respondent trial Judge knew what
the completed film would precisely look like. There was, in other
words, no “clear and present danger” of any violation of any
right to privacy that private respondent could lawfully assert.
Same;
Same; Same; Same; Same; Same; The subject matter of “The Four Day
Revolution” is one of public interest and concern and does not
relate to the individual life and certainly not to the private life
of private respondent Ponce Enrile.—The subject matter of The Four
Day Revolution” relates to the non-bloody change of government that
took place at Epifanio de los Santos Avenue in February 1986, and the
train of events which led up to that d&nouement. Clearly, such
subject matter is one of public interest and concern. Indeed, it is,
petitioners’ argue, of international interest. The subject thus
relates to a highly critical state in the history of this country and
as such, must be regarded as having passed into the public domain and
as an appropriate subject for speech and expression and coverage by
any form of mass media. The subject matter, as set out in the
synopsis provided by the petitioners and quoted above, does not
relate to the individual life and certainly not to the private life
of private respondent Ponce Enrile. Unlike in Lagunzad, which
concerned the life story of Moises Padilla necessarily including at
least his immediate family, what we have here is not a film
biography, more or less fictionalized, of private respondent Ponce
Enrile. “The Four Day Revolution” is not principally about, nor
is it focused upon, the man Juan Ponce Enrile; but it is compelled,
if it is to be historical, to refer to the role played by Juan Ponce
Enrile in the precipitating and the constituent events of the change
of government in February 1986.
Same;
Same; Same; Same; Private respondent is a public figure: Definition
of ‘a public figure.—At all relevant times, during which the
momentous events, clearly of public concern, that petitioners propose
to film were taking place, private respondent was what Profs. Prosser
and Keeton have referred to as a “public figure:” “A public
figure has been defined as a person who, by his accomplishments,
fame, or mode of living, or by adopting a profession or calling which
gives the public a legitimate interest in his doings, his affairs,
and his character, has become a ‘public personage.’ He is, in
other words, a celebrity. Obviously to be included in this category
are those who have achieved some degree of reputation by appearing
before the public, as in the case of [Ayer Productions Pty. Ltd. vs.
Capulong, 160 SCRA 861(1988)]
Mendoza
vs. Alcala, 2 SCRA 1032 , August 29, 1961
Civil
Action; When extinguished by extinction of criminal
action.—Extinction of the penal action does not carry with it
extinction of the civil action, unless the extinction proceeds from a
declaration in a final judgment that the fact from which the civil
action might arise did not exist. (Section 1, subsec. (d), Rule 107).
Same;
Acquittal based on reasonable doubt; Effect on civil liability of
accused.—Where the decision in the criminal case does not expressly
declare that the fact from which the civil action might arise did not
exist, nor state that acquittal was based on reasonable doubt, but it
may be inferred from the test thereof that acquittal was based on
reasonable doubt, the acquittal does not preclude a suit to enforce
the civil liability arising from the same transaction., The
conclusion that “the guilt of the defendant has not been
satisfactorily established” is equivalent to one on reasonable
doubt. (Philippine National Bank vs. Catipon, 52 O.G. 3589).
Same;
Declaration amounting to reservation of civil action in favor of
offended party.—Although the offended party did not reserve his
right to file a separate civil action, the declaration in the
decision in the criminal case that any obligation which defendant
therein may have incurred in favor of the offended party is purely
civil, amounts to a reservation of the civil action in favor of the
offended party.
Same;
Civil action that may be filed independently of criminal
action.—Where the offense charged in the criminal action is estafa,
which is fraud, the civil action may be filed independently of the
criminal action. (Art. 33, New Civil Code; Dianeta vs. Makasiar, 55
O.G. 10273; People vs. Balagtas, 51 O.G. 5714). [Mendoza vs. Alcala,
2 SCRA 1032(1961)]
Mendoza
vs. Arrieta, 91 SCRA 113 , June 29, 1979
Res
Judicata; Judgment; Requisites of the rule of prior judgment as a bar
to a subsequent case.—Well-settled is the rule that for a prior
judgment to constitute a bar to a subsequent case, the following
requisites must concur: (1) it must be a final judgment; (2) it must
have been rendered by a Court having jurisdiction over the subject
matter and over the parties; (3) it must be a judgment on the merits;
and (4) there must be, between the first and second actions, identity
of parties, identity of subject matter and identity of cause of
action.
Same;
Action; Quasi-delict; Damages; The owner of a car which was bumped by
a jeep after the latter was bumped from behind by a truck may still
file a civil action for damages against the truck driver and its
owner even after the truck driver was adjudged guilty in the criminal
case filed by the jeepney driver against said truck driver and the
jeepney driver, in the case filed by the car owner was acquitted in
the criminal case for negligence filed by the car owner against the
jeepney driver. Reason: There is no identity of cause of action
between the civil case in question and the criminal case against the
truck driver for damage to the jeep.—It is conceded that the first
three requisites of res judicata are present. However, we agree with
petitioner that there is no identity of case of action between
Criminal Case No. SM-227 and Civil Case No. 80803. Obvious is the
fact that in said criminal case truck driver Montoya was not
prosecuted for damage to petitioner’s car but for damage to the
jeep. Neither was truck-owner Timbol a party in said case. In fact as
the trial Court had put it “the owner of the Mercedes Benz cannot
recover any damages from the accused Freddie Montoya, he (Mendoza)
being a complainant only against Rodolfo Salazar in Criminal Case No.
SM-228”. And more importantly, in the criminal cases, the cause of
action was the enforcement of the civil liability arising from
criminal negligence under Article 100 of the Revised Penal Code,
whereas Civil Case No. 80803 is based on quasi-delict under Article
2180, in relation to Article 2176 of the Civil Code.
Same;
Same; Failure to make a reservation in the criminal action for
negligence of the right to file an independent civil action does not
bar the filing of the latter. Rule 111 of the Rules of Court cannot
amend the substantive provision of Art. 31 of the Civil Code on
quasidelict.—Interpreting the above provision, this Court, in
Garcia vs. Florido, said: “As we have stated at the outset, the
same negligent act causing damages may produce a civil liability
arising from crime or create an action for quasi-delict or culpa
extra-contractual. The former is a violation of the criminal law,
while the latter is a distinct and independent negligence, having
always had its own foundation and individuality. Some legal writers
are of the view that in accordance with Article 31, the Civil Action
based upon quasi-delict may proceed independently of the criminal
proceeding for criminal negligence and regardless of the result of
the latter. Hence, ‘the proviso in Section 2 of Rule 111 with
reference to x x x Articles 32, 33 and 34 of the Civil Code is
contrary to the letter and spirit of the said articles, for these
articles were drafted x x x and are intended to constitute as
exceptions to the general rule stated in what is now Section 1 of
Rule 111. The proviso, which is procedural, may also be regarded as
an unauthorized amendment of substantive law, Articles 32, 33 and 34
of the Civil Code, which do not provide for the reservation required
in the proviso.’ x x x”.
Same;
Same; Articles 2176 and 2177 of the Civil Code creates a civil
liability distinct from the civil action arising from the offense of
negligence under the Revised Penal Code. No reservation need be made
in the criminal case.—In his concurring opinion in the above case,
Mr. Justice Antonio Barredo further observed that inasmuch articles
for these articles were drafted x x x and are intended to conas
Articles 2176 and 2177 of the Civil Code create a civil liability
distinct and different from the Civil Action arising from the offense
of negligence under the Revised Penal Code, no reservation,
therefore, need be made in the criminal case; that Section 2 of Rule
111 is inoperative, “it being substantive in character and is not
within the power of the Supreme Court to promulgate; and even if it
were not substantive but adjective, it cannot stand because of its
inconsistency with Article 2177, an enactment of the legislature
superseding the Rules of 1940.”
Same;
Same; Where the owner of a car hit by a jeep actively intervened in
the prosecution of the criminal case against the jeepney
driver-owner, an independent civil action will no longer lie after
the latter’s acquittal where it is clear from the judgment that the
fact from which the civil might arise did not exist.—The
circumstances attendant to the criminal case yields the conclusion
that petitioner had opted to base his cause of action against
jeep-owner-driver Salazar on culpa criminal and not on culpa
aquiliana, as evidenced by his active participation and intervention
in the prosecution of the criminal suit against said Salazar. The
latter’s civil liability continued to be involved in the criminal
action until its termination. Such being the case, there was no need
for petitioner to have reserved his right to file a separate civil
action as his action for civil liability was deemed impliedly
instituted in Criminal Case No. SM-228.
Same;
Same; Same.—Crystal clear is the trial court’s pronouncement that
under the facts of the case, jeep-owner-driver Salazar cannot be held
liable for the damages sustained by petitioner’s car. In other
words, “the fact from which the civil might arise did not exist.”
Accordingly, inasmuch as petitioner’s cause of action as against
jeep-owner-driver Salazar is ex-delictu, founded on Article 100 of
the Revised Penal Code, the civil action must be held to have been
extinguished in consonance with Section 3(c), Rule 111 of the Rules
of Court.
Same;
Same; Same.—And even if petitioner’s cause of action as against
jeep-owner-driver Salazar were not ex-delictu, the end result would
be the same, it being clear from the judgment in the criminal case
that Salazar’s acquittal was not based upon reasonable doubt,
consequently, a civil action for damages can no longer be instituted.
This is explicitly provided for in Article 29 of the Civil Code.
[Mendoza vs. Arrieta, 91 SCRA 113(1979)]
Republic
vs. Bello, 120 SCRA 203 , January 27, 1983
Criminal
Procedure; Public Officers; Action; Judgment; A judgment of acquittal
on the ground that accused had no criminal intent and that the
evidence of the prosecution was not sufficient to establish the guilt
of the accused does not bar a civil action for recovery of government
funds disbursed without prior approval by the auditor.—Even insofar
as the amount of P6,619.34 which constituted the subject-matter of
the criminal charge of malversation is concerned, the acquittal of
the private respondent in the criminal case would not constitute an
obstacle to the filing of Civil Case No. V-3339. The finding by the
respondent court that he spent said sum for and in the interest of
the Capiz Agricultural and Fishery School and not for his personal
benefit is not a declaration that the fact upon which Civil Case No.
V-3339 is based does not exist. The civil action barred by such a
declaration is the civil liability arising from the offense charged,
which is the one impliedly instituted with the criminal action.
(Section 1, Rule 111, Rules of Court.) Such a declaration would not
bar a civil action filed against an accused who had been acquitted in
the criminal case if the criminal action is predicated on factual or
legal considerations other than the commission of the offense
charged. A person may be acquitted of malversation where, as in the
case at bar, he could show that he did not misappropriate the public
funds in his possession, but he could be rendered liable to restore
said funds or at least to make a proper accounting thereof if he
shall spend the same for purposes which are not authorized nor
intended, and in a manner not permitted by applicable rules and
regulations.
Padilla
vs. Court of Appeals, 129 SCRA 558 , May 31, 1984
Criminal
Procedure; Damages; Civil liability is not extinguished where
acquittal is based on reasonable doubt that accused is guilty of the
crime charged.—The judgment of acquittal extinguishes the liability
of the accused for damages only when it includes a declaration that
the facts from which the civil might arise did not exist. Thus, the
civil liability is not extinguished by acquittal where the acquittal
is based on reasonable doubt (PNB v. Catipon, 98 Phil. 286) as only
preponderance of evidence is required in civil cases; where the court
expressly declares that the liability of the accused is not criminal
but only civil in nature (De Guzman v. Alvia, 96 Phil. 558; People v.
Pantig, supra) as, for instance, in the felonies of estafa, theft,
and malicious mischief committed by certain relatives who thereby
incur only civil liability (See Art. 332, Revised Penal Code); and,
where the civil liability does not arise from or is not based upon
the criminal act of which the accused was acquitted (Castro v.
Collector of Internal Revenue, 4 SCRA 1093; See Regalado, Remedial
Law Compendium, 1983 ed, p. 623).
Same;
Same; Court may acquit an accused on reasonable doubt and still order
payment of civil damages in the same case. No separate civil action
is necessary.—There appear to be no sound reasons to require a
separate civil action to still be filed considering that the facts to
be proved in the civil case have already been established in the
criminal proceedings where the accused was acquitted. Due process has
been accorded the accused. He was, in fact, exonerated of the
criminal charged. The constitutional presumption of innocence called
for more vigilant efforts on the part of prosecuting attorneys and
defense counsel, a keener awareness by all witnesses of the serious
implications of perjury, and a more studied consideration by the
judge of the entire records and of applicable statutes and
precedents. To require a separate civil action simply because the
accused was acquitted would mean needless clogging of court dockets
and unnecessary duplication of litigation with all its attendant loss
of time, effort, and money on the part of all concerned.
Same;
Same; Same.—We see no need to amend Article 29 of the Civil Code in
order to allow a court to grant damages despite a judgment of
acquittal based on reasonable doubt. What Article 29 clearly and
expressly provides is a remedy for the plaintiff in case the
defendant has been acquitted in a criminal prosecution on the ground
that his guilt has not been proved beyond reasonable doubt. It merely
emphasizes that a civil action for damages is not precluded by an
acquittal for the same criminal act or omission. The Civil Code
provision does not state that the remedy can be availed of only in a
separate civil action. A separate civil case may be filed but there
is no statement that such separate filing is the only and exclusive
permissible mode of recovering damages.
Same;
Same; While civil damages may be awarded in the criminal case despite
acquittal, this rule does not preclude the filing of a separate civil
action under certain circumstances.—A separate civil action may be
warranted where additional facts have to be established or more
evidence must be adduced or where the criminal case has been fully
terminated and a separate complaint would be just as efficacious or
even more expedient than a timely remand to the trial court where the
criminal action was decided for further hearings on the civil aspects
of the case. The offended party may, of course, choose to file a
separate action. These do not exist in this case. Considering
moreover the delays suffered by the case in the trial, appellate, and
review stages, it would be unjust to the complainants in this case to
require at this time a separate civil action to be filed.
Maximo
vs. Gerochi, Jr., 144 SCRA 326 , September 24, 1986
Criminal
Law; Estafa, Acquittal; Rule that when the court acquit an accused on
reasonable doubt payment of damages already proved in the same case
may be ordered without need of a separate civil action.—If an
accused is acquitted, it does not necessarily follow that no civil
liability arising from the acts complained of may be awarded in the
same judgment. The prevailing rule as enunciated by this Court en
banc in the case of Padilla v. Court of Appeals (129 SCRA 558) is
that the Court may acquit an accused on reasonable doubt and still
order payment of civil damages already proved in the same case
without need for a separate civil action. This ruling was reiterated
in the case of People v. Jalandoni (131 SCRA 454) where the accused
formally admitted the amount of civil damages.
Same;
Same; Same; Rationale behind the rule.—The rationale behind the
rule is stated in the Padilla case as follows: There appears to be no
sound reasons to require a separate civil action to still be filed
considering that the facts to be proved in the civil case have
already been established in the criminal proceedings where the
accused was acquitted. Due process has been accorded the accused. He
was, in fact, exonerated of the criminal charge. The constitutional
presumption of innocence called for more vigilant efforts on the part
of prosecuting attorneys and defense counsel, a keener awareness by
all witnesses of the serious implications of perjury, and a more
studied consideration by the judge of the entire records and of
applicable statutes and precedents. To require a separate civil
action simply because the accused was acquitted would mean needless
clogging of court dockets and unnecessary duplication of litigation
with all its attendant less of time, effort, and money on the part of
all concerned.
Same;
Same; Same; Absence of denial of respondent of her debts or
obligations to the petitioner; Waiver by respondent of her defenses
to the petition for failure to file her answer.—The private
respondent never denied her debts or obligations to the petitioner.
Her defense was directed only towards proving the fact that the
checks were issued in payment of a pre-existing obligation, not that
the obligation is non-existent or paid in full. We further note that
the private respondent failed to submit her answer to this petition
despite several notices from this Court. She has waived her defenses
to the petition. In his answer, the trial judge justified his refusal
to award civil liability with a statement that the civil liability
did not arise from any criminal act but only from a civil contract
connected to the crime. He stated in his denial of the motion for
reconsideration that the action for civil liability must be filed in
a “civil court.
Sapiera
vs. Court of Appeals, 314 SCRA 370 , September 14, 1999
Actions;
Damages; Criminal Procedure; The civil liability is not extinguished
by acquittal where: (a) the acquittal is based on reasonable doubt;
(b) where the court expressly declares that the liability of the
accused is not criminal but only civil in nature; and, (c) where the
civil liability is not derived from or based on the criminal act of
which the accused is acquitted.—The judgment of acquittal
extinguishes the liability of the accused for damages only when it
includes a declaration that the fact from which the civil liability
might arise did not exist. Thus, the civil liability is not
extinguished by acquittal where: (a) the acquittal is based on
reasonable doubt; (b) where the court expressly declares that the
liability of the accused is not criminal but only civil in nature;
and, (c) where the civil liability is not derived from or based on
the criminal act of which the accused is acquitted.
Negotiable
Instruments Law; Where a signature is so placed upon the instrument
that it is not clear in what capacity the person making the same
intended to sign, he is deemed an indorser.—We affirm the findings
of the Court of Appeals that despite the conflicting versions of the
parties, it is undisputed that the four (4) checks issued by de
Guzman were signed by petitioner at the back without any indication
as to how she should be bound thereby and, therefore, she is deemed
to be an indorser thereof. The Negotiable Instruments Law clearly
provides—Sec. 17. Construction where instrument is ambiguous.—Where
the language of the instrument is ambiguous, or there are admissions
therein, the following rules of construction apply: x x x x (f) Where
a signature is so placed upon the instrument that it is not clear in
what capacity the person making the same intended to sign, he is
deemed an indorser. x x x x
Same;
Damages; Criminal Law; Estafa; An accused acquitted of estafa may
nevertheless be held civilly liable where the facts established by
the evidence so warrant—she may be adjudged liable for the unpaid
value of the checks signed by her in favor of the complainant.—The
dismissal of the criminal cases against petitioner did not erase her
civil liability since the dismissal was due to insufficiency of
evidence and not from a declaration from the court that the fact from
which the civil action might arise did not exist. An accused
acquitted of estafa may nevertheless be held civilly liable where the
facts established by the evidence so warrant. The accused should be
adjudged liable for the unpaid value of the checks signed by her in
favor of the complainant.
Criminal
Law; Damages; Rationale behind the award of civil indemnity despite a
judgment of acquittal when evidence is sufficient to sustain the
award.—The rationale behind the award of civil indemnity despite a
judgment of acquittal when evidence is sufficient to sustain the
award was explained by the Code Commission in connection with Art. 29
of the Civil Code, to wit: The old rule that the acquittal of the
accused in a criminal case also releases him from civil liability is
one of the most serious flaws in the Philippine legal system. It has
given rise to numberless instances of miscarriage of justice, where
the acquittal was due to a reasonable doubt in the mind of the court
as to the guilt of the accused. The reasoning followed is that
inasmuch as the civil responsibility is derived from the criminal
offense, when the latter is not proved, civil liability cannot be
demanded. This is one of those cases where confused thinking leads to
unfortunate and deplorable consequences. Such reasoning fails to draw
a clear line of demarcation between criminal liability and civil
responsibility, and to determine the logical result of the
distinction. The two liabilities are separate and distinct from each
other. One affects the social order and the other private rights. One
is for punishment or correction of the offender while the other is
for reparation of damages suffered by the aggrieved party x x x x It
is just and proper that for the purposes of imprisonment of or fine
upon the accused, the offense should be proved beyond reasonable
doubt. But for the purpose of indemnifying the complaining party, why
should the offense also be proved beyond reasonable doubt? Is not the
invasion or violation of every private right to be proved only by
preponderance of evidence? Is the right of the aggrieved person any
less private because the wrongful act is also punishable by the
criminal law? [Sapiera vs. Court of Appeals, 314 SCRA 370(1999)]
Escueta
vs. Fandialan, 61 SCRA 278 , November 29, 1974
Civil
law; Actions; Prescription of Actions; Cause of action for damages on
account of physical injuries accrues on date the injury was inflicted
when the offended party reserves the right to institute the civil
action separately from the criminal suit.—Here, plaintiffs
(offended party) civil action for recovery of civil liability and
damages from defendant (accused) would have been implicitly
instituted with the criminal action, but plaintiff expressly reserved
his right to institute the civil action separately, x x x Such
separate and independent civil action under the cited codal article
proceeds to trial and final judgment irrespective of the result of
the criminal action. Manifestly, then, plaintiffs civil action for
damages does not fall under that category of civil actions based upon
a criminal offense which are suspended to await the outcome of the
criminal case under Rule 111, section 3 of the Rules of Court. Being
a case of physical injuries under Article 33 of the Civil Code,
plaintiffs civil action for damages did not arise from nor depend
upon the result of the criminal action but from defendant’s act of
infliction of physical injuries. Hence, plaintiffs cause of action
clearly accrued from July 2, 1952 the date that the physical injuries
were inflicted on him. As of that date, he had the right to file and
maintain his civil action for damages and the period of prescription
started to run.
Same;
Same; Judgments; Where offended party reserves the right to file a
separate action for damages arising from physical injuries, the cause
of action prescribes in four years, not ten years.—Plaintiffs civil
suit for damages arising from physical injuries is clearly one based
upon an injury to his rights, for which Article 1146(1) provides a
prescriptive period of four years. Plaintiffs contention that his
prescriptive period should be ten years based upon the judgment of
defendant’s conviction for physical injuries in the criminal case
is untenable. No civil liability was adjudged in the criminal case
since plaintiff expressly reserved the right of filing a separate
civil action. Hence, he had no standing in the criminal action as an
offended party and the verdict of conviction excluded any civil
liability. [Escueta vs. Fandialan, 61 SCRA 278(1974)]
Madeja
vs. Caro, 126 SCRA 293 , December 21, 1983
Civil
Law; Damages; Article 33 of the Civil Code; Civil action allowed to
be instituted is ex-delicto.—The civil action for damages which it
allows to be instituted is ex delicto, This is manifest from the
provision which uses the expressions ''criminal action" and
"criminal prosecution."
Same;
Same; Same; Physical injuries, scope of.—The term "physical
injuries" is used in a generic sense. It is not the crime of
physical injuries defined in the Revised Penal Code. It includes not
only physical injuries but consummated, frustrated and attempted
homicide.
Same;
Same; Same; Corpus vs. Paje (28 SCRA 1062) holding that reckless
imprudence or criminal negligence is not included in Article 33 of
the Civil Code, not authoritative; Reason.—Corpus vs. Paje, L26737,
July 31, 1969, 28 SCRA 1062, which states that reckless imprudence or
criminal negligence is not included in Article 33 of the Civil Code
is not authoritative. Of eleven justices only nine took part in the
decision and four of them merely concurred in the result.
Same;
Same; Same; Civil action for damages may proceed independently of the
criminal action for homicide through reckless imprudence.—ln the
light of the foregoing, it is apparent that the civil action against
Dr. Japzon may proceed independently of the criminal action against
her.
Maniago
vs. Court of Appeals, 253 SCRA 674 , February 20, 1996
Criminal
Procedure; Civil Liability; Requirement of Preservation; The right of
the injured party to sue separately for the recovery of the civil
liability whether arising from crime (ex delicto) or from
quasi-delict under Art. 2176 of the Civil Code must be reserved
otherwise they will be deemed instituted with the criminal
action.—After considering the arguments of the parties, we have
reached the conclusion that the right to bring an action for damages
under the Civil Code must be reserved as required by Rule 111, §1,
otherwise it should be dismissed. To begin with, §1 quite clearly
requires that a reservation must be made to institute separately all
civil actions for the recovery of civil liability, otherwise they
will be deemed to have been instituted with the criminal case. Such
civil actions are not limited to those which arise “from the
offense charged,” as originally provided in Rule 111 before the
amendment of the Rules of Court in 1988. In other words the right of
the injured party to sue separately for the recovery of the civil
liability whether arising from crimes (ex delicto) or from quasi
delict under Art. 2176 of the Civil Code must be reserved otherwise
they will be deemed instituted with the criminal action.
Same;
Same; Same; Civil action for the recovery of civil liability is
impliedly instituted with the criminal action; Exceptions.—The
short of it is that the rulings in these cases are consistent with
the proposition herein made that, on the basis of Rule 111, §§1-3,
a civil action for the recovery of civil liability is, as a general
rule, impliedly instituted with the criminal action, except only (1)
when such action arising from the same act or omission, which is the
subject of the criminal action, is waived; (2) the right to bring it
separately is reserved; or (3) such action has been instituted prior
to the criminal action. Even if an action has not been reserved or it
was brought before the institution of the criminal case, the
acquittal of the accused will not bar recovery of civil liability
unless the acquittal is based on a finding that the act from which
the civil liability might arise did not exist because of Art. 29 of
the Civil Code.
Same;
Same; Same; Requirement that before a separate civil action may be
brought must first be reserved does not impair, diminish or defeat
substantive rights, but only regulates their exercise in the general
interest of orderly procedure.—Contrary to private respondent’s
contention, the requirement that before a separate civil action may
be brought it must be reserved does not impair, diminish or defeat
substantive rights, but only regulates their exercise in the general
interest of orderly procedure. The requirement is merely procedural
in nature. For that matter the Revised Penal Code, by providing in
Art. 100 that any person criminally liable is also civilly liable,
gives the offended party the right to bring a separate civil action,
yet no one has ever questioned the rule that such action must be
reserved before it may be brought separately.
Same;
Same; Same; It is the conduct of the trial of the civil action—not
its institution through the filing of a complaint—which is allowed
to proceed independently of the outcome of the criminal case.—Indeed,
the requirement that the right to institute actions under the Civil
Code separately must be reserved is not incompatible with the
independent character of such actions. There is a difference between
allowing the trial of civil actions to proceed independently of the
criminal prosecution and requiring that, before they may be
instituted at all, a reservation to bring them separately must be
made. Put in another way, it is the conduct of the trial of the civil
action—not its institution through the filing of a complaint—which
is allowed to proceed independently of the outcome of the criminal
case.
Same;
Same; Same; Reason for requiring reservation is to avoid the filing
of more that one action for the same act or omission against the same
party.—There is a practical reason for requiring that the right to
bring an independent civil action under the Civil Code separately
must be reserved. It is to avoid the filing of more than one action
for the same act or omission against the same party. Any award made
against the employer, whether based on his subsidiary civil liability
under Art. 103 of the Revised Penal Code or his primary liability
under Art. 2180 of the Civil Code, is ultimately recoverable from the
accused.
Same;
Same; Same; The rule requiring reservation serves to implement the
prohibition against double recovery for the same act or omission.—In
the present case, the criminal action was filed against the employee,
bus driver. Had the driver been convicted and found insolvent, his
employer would have been held subsidiarily liable for damages. But if
the right to bring a separate civil action (whether arising from the
crime or from quasi delict) is reserved, there would be no
possibility that the employer would be held liable because in such a
case there would be no pronouncement as to the civil liability of the
accused. In such a case the institution of a separate and independent
civil action under the Civil Code would not result in the employee
being held liable for the same act or omission. The rule requiring
reservation in the end serves to implement the prohibition against
double recovery for the same act or omission. As held in Barredo v.
Garcia, the injured party must choose which of the available causes
of action for damages he will bring. If he fails to reserve the
filing of a separate civil action he will be deemed to have elected
to recover damages from the bus driver on the basis of the crime. In
such a case his cause of action against the employer will be limited
to the recovery of the latter’s subsidiary liability under Art. 103
of the Revised Penal Code.
Same;
Same; Same; Policy against double recovery requires that only one (1)
action be maintained for the same act or omission whether the action
is brought against the employee or against his employer.—Nor does
it matter that the action is against the employer to enforce his
vicarious liability under Art. 2180 of the Civil Code. Though not an
accused in the criminal case, the employer is very much a party, as
long as the right to bring or institute a separate action (whether
arising from crime or from quasi delict) is not reserved. The ruling
that a decision convicting the employee is binding and conclusive
upon the employer “not only with regard to its civil liability but
also with regard to its amount because the liability of an employer
cannot be separated but follows that of his employee” is true not
only with respect to the civil liability arising from crime but also
with respect to the civil liability under the Civil Code. Since
whatever is recoverable against the employer is ultimately
recoverable by him from the employee, the policy against double
recovery requires that only one action be maintained for the same act
or omission whether the action is brought against the employee or
against his employer. Thus in Dulay v. Court of Appeals this Court
held that an employer may be sued under Art. 2180 of the Civil Code
and that the right to bring the action did not have to be reserved
because, having been instituted before the criminal case against the
employee, the filing of the civil action against the employer
constituted an express reservation of the right to institute it
separately. [Maniago vs. Court of Appeals, 253 SCRA 674(1996)]
Rafael
Reyes Trucking Corporation vs. People, 329 SCRA 600 , April 03, 2000
Civil
Law; Negligence; Damages; In negligence cases, the same act or
omission can create two kinds of liability on the part of the
offender, that is, civil liability ex delicto, and civil liability
quasi delicto but the offended party can not recover damages under
both types of liability.—In negligence cases, the aggrieved party
has the choice between (1) an action to enforce civil liability
arising from crime under Article 100 of the Revised Penal Code; and
(2) a separate action for quasi delict under Article 2176 of the
Civil Code of the Philippines. Once the choice is made, the injured
party can not avail himself of any other remedy because he may not
recover damages twice for the same negligent act or omission of the
accused. This is the rule against double recovery. In other words,
“the same act or omission can create two kinds of liability on the
part of the offender, that is, civil liability ex delicto, and civil
liability quasi delicto” either of which “may be enforced against
the culprit, subject to the caveat under Article 2177 of the Civil
Code that the offended party can not recover damages under both types
of liability.
Same;
Same; Same; Vicarious liability of the employee is founded in Article
2176 in relation to Article 2180 of the Civil Code and on Article 103
of the Revised Penal Code; Under Article 2176 the liability of the
employer for the negligent conduct of the subordinate is direct and
primary, subject to the defense of due diligence in the selection and
supervision of the employee; Enforcement of the judgment against the
employer does not require the employee to be insolvent since the
nature of the liability of the employer with that of the employee,
the two being statutorily considered joint tortfeasors, is
solidary.—Private respondents sued petitioner Rafael Reyes Trucking
Corporation, as the employer of the accused, to be vicariously liable
for the fault or negligence of the latter. Under the law, this
vicarious liability of the employer is founded on at least two
specific provisions of law. The first is expressed in Article 2176 in
relation to Article 2180 of the Civil Code, which would allow an
action predicated on quasi-delict to be instituted by the injured
party against the employer for an act or omission of the employee and
would necessitate only a preponderance of evidence to prevail. Here,
the liability of the employer for the negligent conduct of the
subordinate is direct and primary, subject to the defense of due
diligence in the selection and supervision of the employee. The
enforcement of the judgment against the employer in an action based
on Article 2176 does not require the employee to be insolvent since
the nature of the liability of the employer with that of the
employee, the two being statutorily considered joint tortfeasors, is
solidary. The second, predicated on Article 103 of the Revised Penal
Code, provides that an employer may be held subsidiarily civilly
liable for a felony committed by his employee in the discharge of his
duty. This liability attaches when the employee is convicted of a
crime done in the performance of his work and is found to be
insolvent that renders him unable to properly respond to the civil
liability adjudged.
Same;
Same; Same; Reservation of the right to file the separate civil
action waives other available civil actions predicated on the same
act or omission of the accused-driver.—Pursuant to the provision of
Rule 111, Section 1, paragraph 3 of the 1985 Rules on Criminal
Procedure, when private respondents, as complainants in the criminal
action, reserved the right to file the separate civil action, they
waived other available civil actions predicated on the same act or
omission of the accused-driver. Such civil action includes the
recovery of indemnity under the Revised Penal Code, and damages under
Articles 32, 33, and 34 of the Civil Code of the Philippines arising
from the same act or omission of the accused.
Same;
Same; Same; Award of damages in the criminal case was improper
because the civil action for the recovery of civil liability was
waived in the criminal action by the filing of a separate civil
action against the employer.—With regard to the second issue, the
award of damages in the criminal case was improper because the civil
action for the recovery of civil liability was waived in the criminal
action by the filing of a separate civil action against the employer.
As enunciated in Ramos vs. Gonong, “civil indemnity is not part of
the penalty for the crime committed.” The only issue brought before
the trial court in the criminal action is whether accused Romeo Dunca
y de Tumol is guilty of reckless imprudence resulting in homicide and
damage to property. The action for recovery of civil liability is not
included therein, but is covered by the separate civil action filed
against the petitioner as employer of the accused truckdriver.
Criminal
Law; Information; Penalty; No offense of Double Homicide Through
Reckless Imprudence with violation of the Motor Vehicle Law under the
Revised Penal Code; In reckless imprudence cases, the actual penalty
for criminal negligence bears no relation to the individual willful
crime or crimes committed, but is set in relation to a whole class,
or series of crimes.—Parenthetically, the trial court found the
accused “guilty beyond reasonable doubt of the crime of Double
Homicide Through Reckless Imprudence with violation of the Motor
Vehicle Law (Rep. Act No. 4136).” There is no such nomenclature of
an offense under the Revised Penal Code. Thus, the trial court was
misled to sentence the accused “to suffer two (2) indeterminate
penalties of four (4) months and one (1) day of arresto mayor, as
minimum, to three (3) years, six (6) months and twenty (20) days of
prision correccional, as maximum.” This is erroneous because in
reckless imprudence cases, the actual penalty for criminal negligence
bears no relation to the individual willful crime or crimes
committed, but is set in relation to a whole class, or series of
crimes. [Rafael Reyes Trucking Corporation vs. People, 329 SCRA
600(2000)]
Merced
vs. Hon. Diez, et al., 109 Phil. 155 , August 26, 1960
MARRIAGES,
ANNULMENT OF; BIGAMY; PREJUDICIAL QUESTION DEFINED AND ITS
ELEMENTS.—Prejudicial question has been defined to be that which
arises in a case, the resolution of which question is a logical
antecedent of the issue involved in said case, and the cognizance of
which pertains to another tribunal. The prejudicial question must be
determinative of the case before the court; that is its first
element. Jurisdiction to try said question must be lodged in another
tribunal; this is the second element. In an action for bigamy for
example, if the accused claims that the first marriage is null and
void and the right to decide such validity is vested in another
tribunal, the civil action for nullity must first be decided before
the action for bigamy can proceed; hence, the validity of the first
marriage is a prejudicial question. (People vs. Aragon, 50 Off. Gaz.
No. 10, 4863). [Merced vs. Hon. Diez, et al., 109 Phil. 155(1960)].
SECOND
MARRIAGE SHOULD HAVE THE ESSENTIAL ELEMENTS OF A VALID MARRIAGE.—In
order that a person may be held guilty of the crime of bigamy, the
second and subsequent marriage must have all the essential elements
of a valid marriage, were it not for the subsistence of the first
marriage.
3.ID.;
ID.; ID.; QUESTION OF INVALIDITY TO BE DECIDED IN CIVIL ACTION.—One
of the essential elements of a valid marriage is that the consent
thereto of the contracting parties must be freely and voluntarily
given. Without the element of consent a marriage would be illegal and
void. (Section 29, Act No. 3613, known as the Marriage Law.) ' But
the question of invalidity cannot ordinarily be decided in the
criminal action for bigamy but in a civil action for annulment. Since
the validity of the second marriage, subject of the action for
bigamy, cannot be determined in the criminal case and since
prosecution for bigamy does not lie unless the elements of the second
marriage appear to exist, it is necessary that a decision in a civil
action to the effect that the second marriage contains all the
elements of a marriage must first be secured.
4.ID.;
ID.; ID.; COURT'S JURISDICTION OVER CIVIL ACTION DISTINCT' FROM
ITSELF WHEN TRYING BIGAMY.—In this jurisdiction, where the courts
are vested with both civil and criminal jurisdiction, the principle
of prejudicial question is to be applied even if there is only one
court before which the civil action and the criminal action are to be
litigated. But in this case the court, when exercising its
jurisdiction over the civil action for the annulment of marriage, is
considered as a court distinct and different from itself when trying
the criminal action for bigamy.
Landicho
vs. Relova, 22 SCRA 731 , February 23, 1968
Certiorari
and prohibition; Prejudicial question; Action for annulment of
marriage brought by the wife in the second marriage not a prejudicial
question.—O n Februa ry 27, 1 963, tioner was charged with the
offense of bigamy in the Court of First Instance of Batangas at the
instance of his first wife Elvira Makatangay on contracting a second
marriage with Fe Pasia without first legally dissolving his first
marriage with the complainant. On March 15, 1963, the second wife, Fe
Pasia filed an annulment case of her marriage with petitioner on the
ground of force, threats, and intimidation allegedly employed by
petitioner and because of its allegedly bigamous character. In the
latter case, petitioner, on June 15, 1963, filed a third party
complaint against the third-party defendant, Elvira Makatangay, the
first spouse, praying that his first marriage with the said
third-party defendant be declared null and void on the ground that by
means of threats, force, and intimidation, the latter compelled him
to appear and contract marriage with her before the justice of the
peace of Makati, Rizal. On October 7, 1963, petitioner moved to
suspend the hearing of the criminal case pending decision on the
question of the validity of the two marriages involved in the pending
civil suit. Lower court denied the motion for lack of merit. Held:
The mere fact that there are actions to annul the marriages entered
into by the accused in a bigamy case does not mean that "prejudicial
questions" are automatically raised in civil actions as to
warrant the suspension of the criminal case. In order that the case
of annulment of marriage be considered a prejudicial question to the
bigamy case against the accused, it must be shown that the
petitioner's consent to such marriage must be the one that was
obtained by means of duress, force and intimidation to show that his
act in the second marriage must be involuntary and cannot be the
basis of his conviction for the crime of bigamy. The situation in the
present case is markedly different. At the time the petitioner was
indicted for bigamy on Feb. 27, 1963, the fact that two marriage
ceremonies had been contracted appeared to be indisputable. And it
was the second spouse, not the petitioner who filed the action for
nullity on the ground of force, threats and intimidation. And it was
only on June 15, 1963, that petitioner, as defendant in the civil
action, filed a third-party complaint against the first spouse
alleging that his marriage with her should be declared null and void
on the ground of force, threats and intimidation. Assuming that the
first marriage was null and void on the ground alleged by petitioner,
that fact would not be material to the outcome of the criminal case.
Parties to the marriage should not be permitted to judge for
themselves its nullity, for the same must be submitted to the
judgment of the competent courts and only when the nullity of the
marriage is so declared can it be held as void, and so long as there
is no such declaration the presumption is that the marriage exists.
Therefore, he who contracts a second marriage before the judicial
declaration of nullity of the first marriage assumes the risk of
being prosecuted for bigamy. The lower court, therefore, has not
abused, much less gravely abused, his discretion in failing to
suspend the hearing as sought by petitioner.
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