Dyogi vs.

Yatco (1957)
Summary Cases:

Dyogi vs Yatco 100 Phil 1095

Subject:

Old Rule: Civil Action Arising From Same Offense Suspended (Prejudicial Question); Civil Action for
Damages Separate and Distinct Shall Proceed Independently; Physical Injuries Includes Bodily Injuries
Causing Death

Facts:

Teresita Dyogi was run over and mortally injured by an automobile driven by one Ligayu. An information
for homicide was filed against the driver. Subsequently, the husband and children of the deceased
brought a civil action for damages against the owner of the car and the driver, for negligence. Upon
objection of the defendants, the civil action was dismissed on the ground that the cause of action arose
out of a criminal case, which was still pending and which was not among those provided for under Article
33 of the New Civil Code. Hence, the petitioners filed a petition for mandamus before the Supreme Court.

Held:

Old Rule: Civil Action Arising From Same Offense Suspended

1. After a criminal action has been commenced, a civil action arising from the same offense shall
be suspended until final judgment in the criminal proceeding has been rendered. This rule,
however, has been impliedly modified and in fact liberalized by certain provisions of the Civil
Code.

Civil Action for Damages Separate and Distinct Shall Proceed Independently

2. In certain cases, a civil action for damages separate and distinct from the criminal action may
be brought by the injured party and shall proceed independently of the criminal prosecution. The
former ruling that it was not deemed feasible to maintain an independent civil action (in all cases)
has been overruled. Thus, the Civil Code allows a person, upon whose limbs injuries had been
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inflicted by the tortious conduct of another to maintain a separate civil action for damages.

3. This rule (Rule 107, sec 1 par. C), has been partially amended by Article 33 of the New Civil
Code, providing that a civil action for damages brought by the injured party in cases of
defamation, fraud and physical injuries shall proceed independently of the criminal prosecution.

4. Under Article 2177, acquittal from an accusation of criminal negligence, whether on reasonable
doubt or not, shall not be a bar to a subsequent civil action, not for civil liability arising from
criminal negligence, but for damages due to a quasi-delict or culpa-aquiliana.

Physical Injuries Includes Bodily Injuries Causing Death

5. The term physical injuries in Article 33 includes bodily injuries causing death. (Carandang vs.
Valenton)

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