College of Law Title: Diana v. Batangas Facts: The present appeal stems from a case originally instituted in the Court of First Instance of Laguna wherein plaintiffs seek to recover from defendant as a party susidiarily liale for the crime committed y an employee in the discharge of his duty the sum of !"#$%% as damages# plus legal interest# and the costs of action. The appeal was originally taken to the Court of &ppeals ut the case was certified to this court on the ground that it poses merely a 'uestion of law. !laintiffs are the heirs of one Florenio Diana# a former employee of the defendant. (n )une "*# *+,$# while Florenio Diana was riding in Truck -o. *,# elonging to the defendant# driven y .ivencio Bristol# the truck ran into a ditch at Bay# Laguna# resulting in the death of Florenio Diana and other passengers. /use'uently# .ivencio Bristol was charged and convicted of multiple homicide through reckless imprudence wherein# among other things# he was ordered to indemnify the heirs of the deceased in the amount of !"#%%%. 0hen the decision ecame final# a writ of e1ecution was issued in order that the indemnity may e satisfied ut the sheriff filed a return stating that the accused had no visile leviale property. The present case was started when defendant failed to pay the indemnity under its susidiary liaility under article *%2 of the 3evised !enal Code. The complaint was filed on (ctoer *+# *+,4 5civil case -o. +""*6. (n Decemer *2# *+,4# defendant filed a motion to dis7 miss on the ground that there was another action pending etween the same parties for the same cause 5civil case -o. 4%"2 of the Court of First Instance of Laguna6 in which the same plaintiffs herein sought to recover from the same defendant the amount of !,#$%% as damages resulting from the death of Florenio Diana who died while on oard a truck of defendant due to the negligent act of the driver .ivencio Bristol. This first action was predicated on culpa a'uiliana. (n Decemer *8# *+,4# plaintiffs filed a written opposition to the motion to dismiss. (n Feruary 2# *+,+# the lower court# having found the motion well founded# dismissed the complaint# without special pronouncement as to costs9 and their motion for reconsideration having een denied# plaintiffs took the present appeal. The only 'uestion to e determined is whether the lower court correctly dismissed the complaint on the sole ground that there was another action pending etween the same parties for the same cause under 3ule 4# section *5d6 of the 3ules of Court. The determination of this issue hinges on the proper interpretation of 3ule 4# section * 5d6 which allows the dismissal of a case on the ground that :there is another action pending etween the same parties for the same cause.: Former )ustice ;oran# commenting on this ground# says: :In order that this ground may e invoked# there must e etween the action under consideration and the other action# 5*6 identity of parties# or at least such as representing the same interest in oth actions9 5"6 identity of rights asserted and relief prayed for# the relief eing found on the same facts9 and 526 the identity on the two preceding particulars should e such that any <udgment which may e rendered on the other action will# regardless of which party is successful# amount to res ad<udicata in the action under consideration.: =I ;oran# Comments on the 3ules of Court# 5*+$"6# p. *84.>. There is no dout with regard to the identity of parties. In oth cases# the plaintiffs and the defendant are the same. 0ith regard to the identity of reliefs prayed for# a different * Kathryn Punongbayan-Akmad Bulacan State University College of Law consideration should e made. It should e noted that the present case 5civil case -o. +""*6 stems from a criminal case in which the driver of the defendant was found guilty of multiple homicide through reckless imprudence and was ordered to pay an indemnity of !"#%%% for which the defendant is made susidiarily liale under article *%2 of the 3evised !enal Code# while the other case 5civil case -o. 4%"26 is an action for damages ased on culpa a'uiliana which underlies the civil liaility predicated on articles *+%" to *+*% of the old Civil Code. These two cases involve two different remedies. &s this court aptly said: :& 'uasi7delict or culpa a'uiliana is a separate legal institution under the Civil Code# with a sustantivity all its own# and individuality that is entirely apart and independent from a delict or crime. ? ? ?. & distinction e1ists etween the civil liaility arising from a crime and the responsiility for cuasi7delictos or culpa e1tra7contractual. The same negligent act causing dam7 ages may produce civil liaility arising from a crime under article *%% of the 3evised !enal Code# or create an action for cuasi7delito or culpa e1tra7contractual under articles *+%"7*+*% of the Civil Code 5Barredo vs. @arcia and &l7 mario# A2 !hil.# 8%A6. The other differences pointed out etween crimes and culpa a'uiliana are:. *. That crimes affect the pulic interest# while cuasi7delitos are only of private concern. ". That# conse'uently# the !enal Code punishes or corrects the criminal act# while the Civil Code# y means of indemnification# merely repairs the damage. 2. That delicts are not as road as 'uasi7delicts# ecause the former are punished only if there is a penal law clearly covering them# while the latter# cuasi7delitos# include all acts in which Bany kind of fault or negligence intervenes. 5!. 8**# supra.6. Considering the distinguishing characteristics of the two cases# which involve two different remedies# it can hardly e said that there is identity of reliefs in oth actions as to make the present case fall under the operation of 3ule 4# section *5d6 of the 3ules of Court. In other words# it is a mistake to say that the present action should e dismissed ecause of the pendency of another action etween the same parties involving the same cause. Cvidently# oth cases involve different causes of action. In fact# when the Court of &ppeals dismissed the action ased on culpa a'uiliana 5civil case -o. 4%"26# this distinction was stressed. It was there said that the negligent act committed y defendantBs employee is not a 'uasi crime# for such negligence is punishale y law. 0hat plaintiffs should have done was to institute an action under article *%2 of the 3evised !enal Code 5C&7@.3. -o. 282"736. &nd this is what plaintiffs have done. To deprive them now of this remedy# after the conviction of defendantBs employee# would e to deprive them altogether of the indemnity to which they are entitled y law and y a court decision# which in<ustice it is our duty to prevent. 0herefore# the order appealed from is reversed and the case is herey remanded to the lower court for further proceedings. -o pronouncement as to costs. !aras# C.).# !alo# BengDon# !adilla# Tuason# ;ontemayor# )ugo# and Larador# )).# concur. "