Case Digest (G.R. No. 129029)
Facts:
On June 20, 1989, a trailer truck driven by Romeo Dunca, registered to Rafael Reyes Trucking Corporation, struck a Nissan in Tagaran, Cauayan, Isabela, causing deaths and property damage; an information was filed October 10, 1989, and Dunca pleaded not guilty on October 23, 1989. The heirs reserved the right to file a separate civil action and on November 29, 1989 filed Civil Case No. Br. 19-424 against petitioner for *quasi delict*; the trial court consolidated the criminal and civil actions, convicted Dunca and awarded damages in the criminal case while dismissing the civil case, the Court of Appeals affirmed, and petitioner sought review in this Court.Issues:
- May Rafael Reyes Trucking Corporation be held subsidiarily liable for damages in the criminal case despite the filing of a separate civil action against it?
- May the trial court award civil damages in the criminal case where a separate civil action was filed and in amounts exceeding those alleged in the information?
Case Digest (G.R. No. 129029)
Facts:
- Parties and actions instituted
- Rafael Reyes Trucking Corporation — petitioner, owner of the white truck trailer bearing Plate No. N2A-867; employer of driver Romeo Dunca y de Tumol.
- People of the Philippines — respondent in the criminal action against the driver.
- Rosario P. Dy (for herself and on behalf of minors Maria Luisa, Francis Edward, Francis Mark and Francis Rafael, all surnamed Dy) and Angelina M. Balcita and minor Paolo — offended parties and private respondents.
- Criminal information filed October 10, 1989 by Provincial Prosecutor Patricio T. Durian in the Regional Trial Court (RTC), Isabela, Branch 19, Cauayan, charging Romeo Dunca y de Tumol with reckless imprudence resulting in double homicide and damage to property; information alleged the vehicle was registered in name of Rafael Reyes Trucking Corporation and alleged damages P100,000 to heirs of Feliciano Balcita and P2,000,000 for the Nissan pick-up and death of Francisco Dy, Jr.
- Arraignment October 23, 1989: accused pleaded not guilty; offended parties reserved right to file a separate civil action.
- On November 29, 1989 offended parties filed Civil Case No. Br. 19-424 against Rafael Reyes Trucking Corporation for quasi delict.
- On December 15, 1989 offended parties withdrew the reservation to file a separate civil action against the accused and manifested they would prosecute the civil aspect ex delicto in the criminal action, but they did not withdraw the separate quasi delict action against petitioner.
- Facts surrounding the accident as found by the trial court
- Trucking business operations: petitioner transported beer products for San Miguel Corporation (SMC); driver Dunca was a duly licensed professional driver; petitioner issued memoranda requiring physical vehicle inspection; SMC traffic investigator certified roadworthiness prior to June 20, 1989.
- Accident circumstances: early morning June 20, 1989, white truck loaded with 2,000 cases of empty beer bottles traveled south near Tagaran, Cauayan, Isabela; truck encountered a damaged portion of the road covering full width of right lane with potholes five to six inches deep; truck attempted to evade potholes but encountered an oncoming Nissan with headlights on and ran over damaged portion, causing the vehicle to bounce, driver lost control, truck swerved left, invaded Nissan's lane, rammed and dragged the Nissan to the shoulder and a ridge where both vehicles stopped.
- Victims and injuries: occupants of the Nissan, Feliciano Balcita and Francisco Dy, Jr., died instantly from external and internal hemorrhage and multiple fractures; Nissan was severely damaged.
- Economic particulars: funeral expenses for Francisco Dy, Jr. shown at P651,360; at death he was 45 years old, president and chairman of Dynamic Wood Products and Development Corporation (DWPC) receiving P10,000 monthly; DWPC financials and shares introduced; children’s education expenses exhibited.
- Attachment and business interruption: plaintiffs procured writ of attachment against six units of petitioner’s truck tractors on December 26, 1989; Court of Appeals dissolved the writ December 28, 1989; petitioner claimed loss of P21,000 per day while units were attached.
- Trial court disposition and subsequent proceedings
- RTC joint decision dated June 6, 1992 (Criminal Case No. Br. 19-311 and Civil Case No. Br. 19-424): convicted Romeo Dunca of *double homicide through reckless imprudence* with violation of R.A. No. 4136; imposed two indeterminate penalties (four months and one day of arresto mayor to three years, six months and twenty days of prision c...(Subscriber-Only)
Issues:
- Subsidiary liability of employer where separate quasi-delict action was filed
- Whether Rafael Reyes Trucking Corporation as owner/employer may be held subsidiarily liable for damages adjudged in the criminal action against its driver despite the filing of a separate civil action for quasi delict against the employer.
- Award of civil damages in the criminal action where separate civil action existed and amounts beyond those alleged
- Whether the trial court could properly award civil damages in the criminal acti...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)