G.R. No. L-4450 April 28, 1952
MIGUEL SAN JOSE, demandante-apelante, vs. ROMUALDO DEL MONDO Y OTRO, demandados-apelados.

FACTS

On the morning of April 16, 1949, in Bacoor, Cavite, Zenaida San Jose flagged down a jeepney. After she boarded and while her sister Carmelita was about to board, another jeepney, owned by Romualdo del Mundo and driven by Teodoro de Guia, crashed into the rear of the first jeepney. The collision fractured both femurs of Carmelita San Jose. The driver who caused the collision fled. Carmelita was taken to the General Hospital in Manila. The chief of police of Bacoor filed a criminal complaint for serious physical injuries through reckless imprudence against Teodoro de Guia. The accused waived preliminary investigation. The provincial fiscal filed the corresponding information. On May 20, 1949, the accused pleaded guilty, and the Court of First Instance sentenced him to one month and one day of imprisonment. The plaintiff, Miguel San Jose (father of Carmelita, as her guardian ad litem), was not notified of nor participated in these criminal proceedings. On October 3, 1949, Miguel San Jose filed a civil action for damages against Romualdo del Mundo (owner) and Teodoro de Guia (driver). The trial court dismissed the civil complaint, ruling that the plaintiff failed to reserve his right to institute a separate civil action from the criminal case, as required by then Rule 107, Section 1(a). The plaintiff appealed.

ISSUE

Whether the trial court erred in dismissing the civil action for damages on the ground that the offended party did not reserve the right to institute a separate civil action, considering that the offended party had no participation in the institution or prosecution of the criminal case.

RULING

Yes. The Supreme Court reversed the trial court’s decision. The Court held that the requirement to expressly reserve the right to file a separate civil action presupposes that the offended party had the opportunity to participate in the criminal action. In this case, the criminal action was instituted motu proprio by the chief of police and prosecuted by the fiscal without the intervention or notification of the offended party. The offended party, a minor, and her father could not have renounced or reserved any right because they were not actors in the criminal case. The civil liability arising from the crime is separate and can be pursued independently. The Court awarded actual damages of P785.25 for hospitalization and medical expenses. Furthermore, departing from some earlier precedents and following more recent trends, the Court also awarded moral damages of P2,500.00 for the physical pain, moral suffering, lost school year, and anxiety endured by the minor victim. The defendants were held solidarily liable, but the owner, Romualdo del Mundo, would be subsidiarily liable if the driver, Teodoro de Guia, were insolvent. Costs against the defendants.