"ACTION FOR

DAMAGES BASED
ON"
1. Crime or Delict

SCENARIO
Romero was charged with the crime of reckless
imprudence resulting in multiple homicide and
multiple serious physical
injuries with damage to property
for the collision of the bus he was driving and a taxi.
The MTC acquitted Romero since it could not
ascertain with moral certainty the wanton and reckless manner by which Romero
drove the bus.
Romero was, however held civilly liable for the heirs of the victims.
G.R. No. 167546 July 17, 2009 SONNY ROMERO Y DOMINGEZ, Petitioner, vs PEOPLE
OF THE PHILIPPINES, ISABEL PADUA, REGINA BREIS, MINERVA MONTES and OFELIA
BELANDO BREIS Respondents.

SECTION 2, RULE 111 AND SECTION 2, RULE

120 OF THE RULES OF COURT PROVIDE:
Sec. 2. When separate civil action is
suspended. xxx
The extinction of the penal action does not carry with it extinction of the
civil action. However, the civil action based on delict shall be deemed
extinguished if there is a finding in a final judgment in the criminal action
that the act or omission from which the civil liability may arise did not
exist. (emphasis supplied)
Sec. 2. Contents of the judgment. xxx
In case the judgment is of acquittal, it shall state whether the
evidence of the prosecution absolutely failed to prove the guilt of
Acquitted! the accused or merely failed to prove his guilt beyond reasonable
You are civilly
doubt. In either case, the judgment shall determine if the act or
liable!
omission from which the civil liability might arise did not
Municipal Trial exist. (emphasis supplied)
Court Acquitted!
You are still civilly
liable! Acquitted!
Still civilly liable!

How About... Acquitted!

Regional Trial Court of Appeals
Court There is nothing you
can do. You're still
civilly liable!

Okay Fine.
How About... Maybe at...
IS HE CRIMINALLY LIABLE?
No. In view of the pronouncements Supreme Court
of the MTC and the RTC, the Supreme Court agreed with the conclusion of
the CA that petitioner was acquitted not because he did not commit the
crime charged but because the RTC and the MTC could not ascertain with
moral conviction the wanton and reckless manner by which petitioner
drove the bus at the time of the accident. Put differently, petitioner was
acquitted because the prosecution failed to prove his guilt beyond
Awww.
reasonable doubt.
IS HE CIVILLY LIABLE?
Yes. While petitioner was absolved from criminal liability because his negligence
was not proven beyond reasonable doubt, he can still be held civilly liable if
his negligence was established by preponderance of evidence. In other
words, the failure of the evidence to prove negligence with moral certainty
does not negate (and is in fact compatible with) a ruling that there was
FOR REFERENCE:
preponderant evidence of such negligence. And that is sufficient to hold him civilly
liable. WWW.ENTREPRISESCANADA.CA
 SAN RAFAEL,
MEXICO, PAMPANGA

NOVEMBER 7, 1987
Accident

RESULT
-Teodoro Guaring (Driver of Lancer) died
-Dolores Enriquez (Riding in Cressida) died
- Bonifacio Clemente and the occupants
MAY 16, 1990 (Riding in Cressida) got injured

REGIONAL TRIAL
COURT
The Philippine Rabbit Bus Lines, Inc. and
bus driver, Angeles Cuevas (private
respondents) are liable for damages to
petitioners
DECEMBER 16, 1992
COURT OF APPEALS
 -The private respondents' acquittal in the
criminal case rendered the civil case based
on quasi delict untenable
-Setting aside the decision of RTC
-Acquitted private respondents of reckless
imprudence

ACQUITTED!
SUPREME COURT
The decision of Court of Appeals
is reversed and this care is
Remanded to Court of Appeals
-Acquittal of bus driver was
THUS
based on reasonable doubt
which means the civil case for The Supreme Court ruled that
damages was not barred the proceedings for civil case
must continue for the recovery
of the damages of the victims'
heirs

CONTINUE!

ARTICLE 31
Art. 31 contemplates a case where the obligation does not arise from a crime
but from other act or omission complained of as a felony, such civil action
may proceed independently of the criminal proceedings and regardless of the
result of the latter.