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*SECOND DIVISION
APPEAL from the order of the Court of First Instance of petitioners have no cause of action against them, the driver
Tarlac, Branch I, F.S. Alcantara, J. of the bus hav-
The facts are stated in the opinion of the Court.
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CONCEPCION JR., J.:
This is a petition for certiorari, premised upon the 1Annex A, Rollo, p. 9.
following facts: 2Annex B, Rollo, p. 14.
On September 25, 1974, the petitioners, heirs of Pedro 3Annex C, Rollo, p. 17.
Tayag, Sr., namely: Crisanta Salazar, Pedro Tayag, Jr., 4Criminal Case No. 836, entitled People of the Philippines, plaintiff,
versus Romeo Villa, accused.
725
5Annex D, Rollo, p. 19.
6Annex E, Rollo, p. 20.
VOL. 98, JULY 23, 1980 725 7Annex F, Id., p. 28.
provides as follows: failed to exercise the diligence of a good father of a family in the,
Art. 31. When the civil action is based on an obligation selection and supervision of its employees, particularly defendant
not arising from the act or omission complained of as a Romeo Villa y Cunanan, otherwise the accident in question which
felony, such civil action may proceed independently of the resulted in the death of Pedro Tayag, Sr. and damage to his
criminal proceedings and regardless of the result of the property would not have occurred;
latter.
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13 Bernaldez, Sr. vs. Bohol Land Transportation, Inc., L-18193, February 27,
9Annex H, Id., p. 35. 14Mendoza vs. Hon. Abundio Z. Arrieta, etc., et al., L-32599, June 29, 1979.
10Annex I, Id., p. 36. 15Art. 2176 of the New Civil Code, provides:
11Annex J, Id., p. 39. Whoever by act or omission causes damage to another, there being fault
12Rollo p. 41. or negligence, is obliged to pay for the damage done. Such fault or
negligence, if there is no preexisting contractual relation between the
727 parties, is called a quasi-delict and is governed by the provisions of this
Chapter.
stated, We here hold, in reiteration of Garcia that culpa aquiliana Article 33 of the Civil Code also justifies the petitioners
includes voluntary and negligent acts which may be punishable independent civil action for damages since the term
by law. physical injuries therein embraces death (Dyogi vs. Yatco,
100 Phil. 1095).
The petitioners cause of action being based on a quasi- Moreover, the acquittal of Romeo Villa was based on
delict, the acquittal of the driver, private respondent reasonable doubt. The petitioners, as plaintiffs in the civil
Romeo Villa, of the crime charged in Criminal Case No. 836 case, can amend their complaint and base their action also
is not a bar to the prosecution of Civil Case No. 5114 for on article 29 of the Civil Code which allows an independent
damages based on quasi-delict.17 civil action for damages in case of acquittal on the ground
In the light of the foregoing, We hold that respondent of reasonable doubt.
Judge acted with grave abuse of discretion amounting to The requirement in section 2, Rule III of the Rules of
lack of jurisdiction in dismissing Civil Case No. 5114. Court that there should be a reservation in the criminal
WHEREFORE, the order of dismissal should be, as it is cases of the right to institute an independent civil action is
hereby set aside, and the case is remanded to the lower contrary to law (Garcia vs. Florido, L-35095, August 31,
court 1973, 52 SCRA 420, 429).
for further proceedings, with costs against the private Copyright 2016 Central Book Supply, Inc. All rights reserved.
respondents.
SO ORDERED.