GR L 30860; (March, 1972) (Digest)
G.R. No. L-30860 March 29, 1972
HERMINIA MANIO, ET AL., plaintiffs-appellants, vs. THE HON. CEFERINO GADDI, ET AL., respondents.
FACTS
Luis Balanza, a minor, pleaded guilty in a criminal case for homicide through reckless negligence for causing the death of Melquiades Guevarra. The city court, suspending sentence due to his minority, ordered him to pay P6,000 to the deceased’s heirs. Subsequently, the heirs (petitioners) filed a separate civil case for damages against Luis, his parents, and the alleged employers/owners of the rig. The defendants were declared in default for non-appearance at pre-trial.
The Court of First Instance dismissed the civil case, relying on Tactaquin v. Palileo. The lower court held that the civil action was impliedly instituted with the criminal case since no express reservation was made, and thus the award in the criminal case barred the separate suit. The judge directed the plaintiffs to instead enforce the indemnity in the criminal case.
ISSUE
Whether the filing of the separate civil action for damages is barred by the decision in the criminal case.
RULING
No. The Supreme Court reversed the dismissal. The rule on implied institution of the civil action applies only when the offended party actually intervenes in the criminal prosecution or fails to reserve the right to file separately. Here, the petitioners did not intervene in the criminal case through a private prosecutor. Therefore, the civil liability arising from the quasi-delict was not deemed instituted with the criminal action and could be pursued independently.
Furthermore, the defense of res judicata is untenable against the parents and the alleged employers, as they were not parties to the criminal case. Their liability, based on quasi-delict under Article 2194 of the Civil Code, is solidary. Since the defendants were in default, recovery is limited to the amounts prayed for in the complaint. The Court awarded the petitioners a total of P11,300, representing actual damages, indemnity including moral damages, and attorney’s fees, to be paid solidarily by all private respondents.