Facts:

On June 17, 1963, Ambrocio de la Cruz and Paulina Sigurado (the appellants) initiated Civil Case No. 54255 in the Court of First Instance of Manila against Primitiva Berroya and Elisa Manalo (the appellees) to enforce subsidiary civil liability under Article 103 of the Revised Penal Code. The case stemmed from an incident that occurred on January 6, 1960, when a jeepney owned by E.N.P. Berroya Trans. Inc. and driven by Igmidio Senin struck the appellants' child, resulting in his death. Senin was subsequently charged with homicide through reckless imprudence in Criminal Case No. 50955, where he was found guilty and sentenced to imprisonment and ordered to pay the appellants P6,000.00 in civil indemnity. This decision was affirmed by the Court of Appeals, which modified the imprisonment penalty but upheld the civil indemnity. After the decision became final, a writ of execution was issued against Senin for the civil liability, but it was returned unsatisfied. The appellees ...

Facts:

1. Incident and Criminal Case:

• On January 6, 1960, a jeepney owned by E.N.P. Berroya Trans., Inc., driven by Igmidio Senin, hit and killed the child of appellants Ambrocio de la Cruz and Paulina Sigurado while traveling along Juan Luna St., Tondo, Manila.
• Senin was charged with homicide through reckless imprudence in Criminal Case No. 50955. He was found guilty, sentenced to imprisonment, and ordered to indemnify the appellants P6,000.00, with subsidiary imprisonment in case of insolvency.
• The Court of Appeals modified the penalty but affirmed the civil indemnity. A writ of execution was issued against Senin, but it was returned unsatisfied.

2. Civil Case and Release of Claim:

• On June 17, 1963, appellants filed Civil Case No. 54255 to enforce the subsidiary civil liability of appellees Primitiva Berroya and Elisa Manalo under Article 103 of the Revised Penal Code.
• Appellees moved to dismiss the complaint, citing a "Release of Claim" executed by appellants on January 8, 1960, wherein appellants acknowledged receiving P750.00 and released Senin and E.N.P. Berroya Trans., Inc. from all claims arising from the accident.
• Appellees also argued that they were merely officers of the corporation and not personally liable.

3. Appellants' Opposition:

• Appellants opposed the motion, arguing that the release was not raised in the criminal case and was thus barred under Rule 10, Section 6 of the Rules of Court on compulsory counterclaims.
• They also sought to amend the complaint to correct appellee Elisa Manalo's surname to Elisa Nolasco.

4. Lower Court Decision:

• The lower court dismissed the complaint on July 22, 1963, finding the motion to dismiss meritorious. Appellants appealed.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Release of Claim as Ground for Dismissal:

   • Under Rule 16, Section 1, paragraph (h) of the Rules of Court, payment, release, or waiver of a claim is a valid ground for dismissal. The release executed by appellants was a public document, and its genuineness was not contested, making it a proper basis for dismissal.

2. Release Extends to Subsidiarily Liable Parties:

   • The release of the primarily liable party (Senin) also applies to those who may be held subsidiarily liable (appellees). The terms of the release were clear and comprehensive, covering all claims arising from the accident.

3. Release as a Defense, Not a Compulsory Counterclaim:

   • The release is a matter of defense and not a compulsory counterclaim. Therefore, it could be invoked in the civil case even if it was not raised in the criminal case. Appellants' argument that the release was barred due to its absence in the criminal case was without merit.