GR 45040; (November, 1938) (Digest)
G.R. No. 45040 & 45041. November 26, 1938.
THE PHILIPPINE NATIONAL BANK and THE PROVINCIAL GOVERNMENT OF NUEVA VIZCAYA, plaintiffs-appellants, vs. JULIO TUGAB, defendant-appellee.
FACTS
Julio Tugab, as cashier in the provincial treasurer’s office, was charged with malversation of public funds belonging to the Provincial Government of Nueva Vizcaya and the Philippine National Bank. Simultaneous civil actions for recovery were filed. The criminal case was dismissed initially, then refiled. After trial, Tugab was acquitted in the criminal case, with the court finding he did not misappropriate the funds nor was negligent in their custody. Based on this acquittal, Tugab moved for the dismissal of the pending civil cases. The trial court granted the motions and dismissed the civil actions, lifting the preliminary attachment on his properties. The plaintiffs appealed.
ISSUE
Whether the acquittal of the defendant in the criminal case for malversation bars the civil actions for recovery of the funds.
RULING
No. The Supreme Court reversed the trial court’s order of dismissal and reinstated the civil cases. The Court held that the civil liability sought in the actions is not solely dependent on the criminal liability for malversation. The acquittal, which included a finding of no negligence, does not extinguish the civil action under Article 116 of the Spanish Law of Criminal Procedure because the civil liability also arises from Section 633 of the Revised Administrative Code. This provision makes a public officer accountable for government funds in his custody, establishing a civil responsibility distinct from criminal liability. Therefore, the civil actions based on this administrative accountability remain viable and must be tried on the merits.
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