Case Digest (G.R. No. L-46179)
Facts:
Candida Virata, Tomas Virata, Manolito Virata, Ederlinda Virata, Napoleon Virata, Aracely Virata, Zenaida Virata, Luzminda Virata, Pacita Virata, and Evangeline Virata v. Victorio Ochoa, Maximo Borilla and the Court of First Instance of Cavite, 7th Judicial District, Branch V, Stationed at Bacoor, Cavite, G.R. No. L-46179, January 31, 1978, Supreme Court First Division, Fernandez, J., writing for the Court. The petitioners are the heirs of Arsenio Virata; the private respondents are Victorio Ochoa (registered owner) and Maximo Borilla (employee-driver), and the Court of First Instance of Cavite, Branch V, is a respondent as the lower court whose order is assailed.On September 24, 1975 Arsenio Virata died after being bumped while walking along Taft Avenue, Pasay City by a passenger jeepney driven by Borilla and registered in Ochoa's name. The next day a criminal action for homicide through reckless imprudence was filed against Borilla in the Court of First Instance of Rizal at Pasay City as Criminal Case No. 3162-P. At a December 12, 1975 hearing the private prosecutor (Atty. Julio Francisco) reserved the right to file a separate civil action for damages; later, on February 19, 1976, he filed a motion in the criminal case to withdraw that reservation but nonetheless actively participated in presenting evidence, including on damages. On June 29, 1976 the heirs again reserved their right to institute a separate civil action.
Subsequently the heirs filed Civil Case No. B-134 for damages based on quasi-delict in the Court of First Instance of Cavite at Bacoor, Branch V (the petitioners' civil action). On August 13, 1976 the defendants moved to dismiss the civil complaint, asserting that Criminal Case No. 3162-P was pending between the same parties for the same cause. On September 8, 1976 the Court of First Instance of Rizal at Pasay City rendered judgment in Criminal Case No. 3162-P acquitting Borilla on the ground that the injury was caused by mere acc...(Subscriber-Only)
Issues:
- Was the dismissal of Civil Case No. B-134 on the ground that another action was pending between the same parties for the same cause proper?
- Does the acquittal of Maximo Borilla in Criminal Case No. 3162-P bar the petitioners from prosecuting a separate civil action for damages b...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)