Case Digest (G.R. No. 75379)
Facts:
- Leon S. Gutierrez, Jr. issued a check to the petitioners, Reynaldo and Estelita Javier, which was dishonored and not made good despite notice of dishonor.
- Gutierrez was charged with estafa under Criminal Case No. 15581 in the Regional Trial Court of Makati.
- Gutierrez filed a separate civil case for damages against the petitioners in the Regional Trial Court of Catarman, Northern Samar, docketed as Civil Case No. C-355.
- Gutierrez alleged that the petitioners had inveigled him into signing the check subject of the criminal case.
- The petitioners filed a motion to dismiss Civil Case No. C-355 on the grounds of lack of cause of action and litis pendentia, but the motion was denied.
- Gutierrez moved to suspend proceedings in the criminal case pending the resolution of the prejudicial question raised in the civil case, but this motion was also denied.
- The petitioners failed to submit their answer in the civil case, and Gutierrez moved to declare them in default.
- The petitioners filed a motion for reconsideration of the order denying their motion to dismiss, but this was also denied.
- The respondent judge declared the petitioners in default and set the civil case for trial.
- The petitioners appealed to the Intermediate Appellate Court, but their appeal was denied.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of the petitioners and reversed the decision of the Intermediate Appellate Court.
- The Court held that the civil case for damages sho...(Unlock)
Ratio:
- Under Rule 111, Section 1 of the Rules of Court, when a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged is impliedly instituted with the criminal action, unless the offended party expressly waives the civil action or reserves the right to institute it separately.
- In this case, since the civil action was not reserved by the petitioners, it was deemed impliedly instituted with the criminal case in the Regional Trial Court of Makati.
- Therefore, it was improper for Gutierrez to file a separate civil complaint in the Regional Trial Court of Northern Samar, alleging the same ...continue reading
Case Digest (G.R. No. 75379)
Facts:
The case of Spouses Javier v. Intermediate Appellate Court involves a man named Leon S. Gutierrez Jr. who issued a dishonored check to the petitioners, Reynaldo and Estelita Javier. Gutierrez was charged with estafa under B.P. Blg. 22 in the Regional Trial Court of Makati. However, Gutierrez filed a separate civil case for damages against the petitioners in the Regional Trial Court of Catarman, Northern Samar. The petitioners filed a motion to dismiss the civil case on the grounds of lack of cause of action and litis pendentia, but their motion was denied. Gutierrez also moved to suspend proceedings in the criminal case pending the resolution of the civil case, but his motion was also denied. The petitioners failed to submit their answer in the civil case, and Gutierrez moved to declare them in default. The petitioners then filed a second motion for reconsideration based on improper venue. The trial judge declared the petitioners in default and set the civil case for trial. The petitioners appealed to the Intermediate Appellate Court, but their appeal was denied. They then filed a ...