Facts:

The case involves Reynaldo Bermudez, Sr. and Adonita Yabut Bermudez as petitioners-appellants against Hon. Judge A. Melencio-Herrera, Domingo Pontino y Tacorda, and Cordova Ng Sun Kwan as respondents-appellees. The events leading to this case began on May 10, 1969, when a cargo truck driven by Domingo Pontino, owned by Cordova Ng Sun Kwan, collided with a jeep carrying the six-year-old son of the petitioners, Rogelio. The accident resulted in severe injuries to Rogelio, which ultimately led to his death. Following this tragic incident, the Manila City Fiscal's Office filed Criminal Case No. 92944 against Domingo Pontino for Homicide Through Reckless Imprudence. On July 27, 1969, the petitioners filed a "Reservation to File Separate Civil Action" in the criminal case. The next day, they initiated a civil case for damages, designated as Civil Case No. 77188, in the Court of First Instance of Manila. The trial court, however, dismissed the civil complaint against C...

Facts:

Background of the Case:

• A cargo truck, driven by Domingo Pontino and owned by Cordova Ng Sun Kwan, collided with a jeep carrying Rogelio, the six-year-old son of plaintiffs-appellants Reynaldo Bermudez, Sr. and Adonita Yabut Bermudez.
• Rogelio sustained fatal injuries from the accident, leading to his death.

Legal Proceedings:

1. Criminal Case:

   • Criminal Case No. 92944 for Homicide Through Reckless Imprudence was filed against Domingo Pontino by the Manila City Fiscal's Office.
   • Plaintiffs-appellants filed a "Reservation to File Separate Civil Action" in the criminal case on July 27, 1969.

2. Civil Case:

   • On July 28, 1969, plaintiffs-appellants filed a civil case for damages (Civil Case No. 77188) against Domingo Pontino and Cordova Ng Sun Kwan in the Court of First Instance of Manila.
   • The trial court dismissed the complaint against Cordova Ng Sun Kwan and suspended the civil case against Domingo Pontino, pending the resolution of the criminal case.

Trial Court's Reasoning:

• The trial court ruled that by reserving the right to file a separate civil action in the criminal case, plaintiffs-appellants had elected to treat the incident as a crime, not a quasi-delict.

Appeal:

• Plaintiffs-appellants appealed, raising three main issues:
  1. Whether the civil action is based on quasi-delict and can proceed independently of the criminal case.
  2. Whether the trial court could suspend the civil action against Pontino and dismiss the case against Ng Sun Kwan due to the pending criminal case.
  3. Whether the suspension and dismissal were valid, considering the claim for actual damages to the jeep.

Issue:

1. Is the civil action based on quasi-delict under the Civil Code, allowing it to proceed independently of the criminal case for homicide through reckless imprudence?
2. Did the trial court err in suspending the civil action against Domingo Pontino and dismissing the case against Cordova Ng Sun Kwan due to the pending criminal case?
3. Was the suspension and dismissal valid, considering the claim for actual damages to the jeep?

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)