G.R. No. L-4448 - People vs. Capistrano

Institution of the criminal prosecutions arising from the July 18, 1950 accident
Jose Capistrano was charged in the justice of the peace court of Tayabas in criminal Case No. 139 with the crime of serious physical injuries thru reckless imprudence committed against Trinidad Elento.
Jose Capistrano was also charged in the justice of the peace court of Tayabas in criminal Case No. 140 with the crime of less serious physical injuries thru reckless imprudence committed against Hermenegilda de los Reyes.
The charges arose from the fact that, on July 18, 1950, the jeepney driven by Jose Capistrano, with Trinidad Elento and Hermenegilda de los Reyes as passengers, hit a tree while passing along the national road in barrio Isabang, Tayabas, Quezon.
Jose Capistrano pleaded not guilty to both complaints.

Judgment in criminal Case No. 140 and appeal by the accused
After trial, the justice of the peace court rendered judgment in criminal Case No. 140, finding Jose Capistrano guilty as charged.
The justice of the peace court sentenced Jose Capistrano to imprisonment for 2 months and 1 day, arresto mayor.
The court ordered Jose Capistrano to pay Hermenegilda de los Reyes the sum of P43.00, plus the costs.
From the judgment, Jose Capistrano appealed to the Court of First Instance of Quezon.

Elevation of criminal Case No. 139 and filing of an information for violation of the Motor Vehicle Law
In the meantime, the justice of the peace court elevated criminal Case No. 139 to the Court of First Instance of Quezon.
The provincial fiscal filed an information in the Court of First Instance of Quezon against Jose Capistrano for violation of the Motor Vehicle Law.
The case was docketed as criminal case No. 10806.

Filing of a separate civil action for damages by the offended party
Under date of August 10, 1950, Trinidad Elento filed in the Court of First Instance of Quezon a civil action for damages against Juan Reyes, Jr. and Jose Capistrano.
Juan Reyes, Jr. was sued as owner and operator of the jeepney involved in the accident that occurred on July 18, 1950.
Jose Capistrano was sued as the driver of said jeepney.
The cause of action in the civil action was based on the act that was the subject matter of the two criminal prosecutions.

Whether the offended party, Trinidad Elento, had the right to appeal the order sustaining Jose Capistrano’s motion to quash on the ground of double jeopardy
Whether the offended party had a right to appeal when she had already filed a separate civil action for indemnity arising from the same act covered by the information.
Whether the presence of a pending separate civil action affected the offended party’s interest in the prosecution of the criminal case and her capacity to appeal.
Whether, assuming intervention or participation in the ...(Subscriber-Only)