CASUPANAN VS LAROYA

G.R. NO. 145391 AUGUST 26, 2002

(CIVIL LAW)
FACTS:
Two cases were filed before the MCTC of Capas, Tarlac as a result of a
vehicular accident between two vehicles, one driven by Mario Llavore Laroya
and the other owned by Roberto Capitulo and driven by Avelino Casupanan,
Laroya filed a criminal case against
imprudence resulting in damage to property.

Casupanan

for

reckless

This case was on its preliminary investigation stage when Casupanan

and Capitulo filed a civil case against Laroya for quasi-delict.
However, upon motion of Laroya on the ground of forum-shopping, the
MCTC dismissed the civil case.
On Motion for Reconsideration, Casupanan and Capitulo insisted that
the civil case is a separate civil action which can proceed independently of
the criminal case. Casupanan and Capitulo then filed a petition for certiorari
before the Regional Trial Court of Capas, Tarlac.
But the RTC ruled that the order of dismissal issued by the MCTC is a
final order which disposes of the case and therefore, the proper remedy
should have been an appeal. Hence, Casupanan and Capitulo filed this
petition.
ISSUE:
WON an accused in a pending criminal case for reckless imprudence
can validly file, simultaneously and independently, a separate civil action for
quasi-delict against the private complainant in the criminal case.
HELD:
Yes. Laroya filed the criminal case for reckless imprudence
resulting in damage to property based on the Revised Penal Code while
Casupanan and Capitulo filed the civil action for damages based on Article
2176 of the Civil Code. Although these two actions arose from the same act

or omission, they have different causes of action. The criminal case is based
on culpa criminal punishable under the Revised Penal Code while the civil
case is based on culpa aquiliana actionable under Articles 2176 and 2177 of
the Civil Code. And par 6, sec 1 of Rule 111.
Since the present Rules require the accused in a criminal action
to file his counterclaim in a separate civil action, there can be no forumshopping if the accused files such separate civil action.