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DASALLA, SR v.

COURT OF FIRST INSTANCE OF NUEVA ECIJA


G.R. No. L-51461 April 26, 1991 1st Division MEDIALDEA, J.
Facts:
The complaint sought to recover damages sustained for the death of Dasalla's
son who died when the passenger jeepney driven and owned by Sumangil figured in an
accident. The complaint prayed for payment of P30,000.00 moral damages; exemplary
damages in an amount left to the discretion of the court, attorney's fees of P5,000.00
and costs.
In his answer, Sumangil prayed for the dismissal of the complaint. He denied the
allegations of the complaint and alleged that this civil obligations to Dasalla was already
settled and that the latter executed an affidavit or Sinumpaang Salysay condoning,
waiving and forgiving all others damages he may be entitled to after receipt of
P6,000.00 from the former.
Before the scheduled hearing of the complaint Sumangil filed a motion for
preliminary hearing of the affirmative defense which the trial court issued an order
dismissing the complaint.
Dasalla directly appealed to the SC.
Issue:
Whether or not the "Sinumpaang Salaysay" is contrary to law, public order,
public policy, morals or good customs, or prejudicial to a third person with a right
recognized by law.
Held:
It is true, as alleged by petitioner, that the minimum amount of compensatory
damages for death that may be awarded to petitioner at the time of the death of his son
is P12,000.00. However, for reasons stated in the "Sinumpaang Salaysay," petitioner
voluntarily released the private respondent from his civil obligations.
It is Our opinion that the above affidavit executed by the petitioner, releasing the
respondent from additional civil liability arising from the death of the former's son, is
legal. It is not contrary to law, morals, good customs, public policy or public order.
Consequently, he can no longer institute a complaint to recover damages arising from
the same incident.
There is no law which prohibits a person who has incurred damages by reason of
the act of another from waiving whatever' rights he may have against the latter. If the act
causing damage to another also constitutes a crime, the civil liability arising from the
criminal act may also be validly waived. What is not allowed is to compromise or to
waive the criminal aspect of a case. Those rights which may be waived are personal,
while those rights which may not be waived involve public interest which may be
affected.
A compromise on the civil aspect of a case is valid even if it turns out to be
unsatisfactory to either or both of the parties.A party to the settlement cannot be allowed
to renege on his undertaking therein after receiving the benefits thereof. As long as the
parties entered into the settlement voluntarily and intelligently, the courts are bound to
respect the agreement.