Facts:

The case involves petitioners Gregoria Vda. de Paman, along with her children, who are seeking a writ of mandamus against Hon. Alberto V. Seneris, the Judge of the Court of First Instance of Zamboanga City, and the Western Mindanao Lumber Company, as well as Teodoro de los Santos, the accused. The events leading to this case began on May 24, 1961, when Teodoro de los Santos was charged with homicide through reckless imprudence for an incident that occurred on December 21, 1956, in Zamboanga City. De los Santos, while driving a cargo truck owned by Western Mindanao Lumber Company, caused the death of Victoriano Paman, who fell from the truck due to de los Santos's recklessness.

On June 26, 1972, de los Santos pleaded guilty, and the court sentenced him to two months and one day of arresto mayor, along with an indemnity of P12,000.00 to the heirs of the victim. Following the sentencing, de los Santos began serving his sentence. On August 4, 1972, Gregoria Vda. de Paman f...

Facts:

1. Incident and Criminal Charge:

   • On December 21, 1956, Teodoro de los Santos, a driver for Western Mindanao Lumber Company, was involved in an accident while driving a cargo truck. Victoriano Paman, a passenger, fell from the truck, sustained injuries, and died as a result.
   • On May 24, 1961, Teodoro de los Santos was charged with "Homicide Thru Reckless Imprudence" under Section 52 of Act 3992, as amended.

2. Plea and Judgment:

   • On June 26, 1972, Teodoro de los Santos pleaded guilty to the charge.
   • The court sentenced him to two months and one day of arresto mayor and ordered him to indemnify the heirs of Victoriano Paman (petitioners Gregoria Vda. de Paman and her three children) in the amount of P12,000.00.

3. Execution of Judgment:

   • On August 4, 1972, Gregoria Vda. de Paman filed a motion for execution to enforce the civil liability of P12,000.00.
   • On August 31, 1972, the court granted the motion, but the sheriff’s return on September 4, 1972, revealed that Teodoro de los Santos had no property to satisfy the judgment.

4. Subsidiary Liability of Employer:

   • On September 19, 1972, the petitioners filed a motion to enforce the subsidiary liability of Western Mindanao Lumber Company under Article 103 of the Revised Penal Code, arguing that the employer’s liability is executory and does not require a separate civil action.
   • On September 8, 1973, the respondent judge denied the motion, stating that a separate civil action must be filed since the employer was not notified of the criminal case.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Subsidiary Liability in Criminal Proceedings:

   • The subsidiary liability of an employer under Article 103 of the Revised Penal Code can be enforced in the same criminal proceeding where the civil liability of the employee was adjudged. A separate civil action is unnecessary.
   • The civil action for recovery of civil liability arising from the offense is impliedly instituted with the criminal action, unless expressly waived or reserved.

2. Due Process for the Employer:

   • To afford due process to the employer, the court must conduct a hearing in the same proceeding to determine whether the employer-employee relationship exists and whether the employee committed the offense in the discharge of his duties.

3. Judgment of Conviction as Conclusive Evidence:

   • A judgment of conviction sentencing an employee to pay indemnity is conclusive upon the employer in enforcing subsidiary liability, provided there is no collusion between the employee and the offended party.

4. Efficiency and Avoidance of Prolonged Litigation:

   • Allowing the enforcement of subsidiary liability in the same proceeding avoids unnecessary delays and additional litigation, ensuring a more efficient resolution of the case.