EN BANC

G.R. No. 129029 April 3, 2000

RAFAEL REYES TRUCKING CORPORATION, petitioner,

vs.

PEOPLE OF THE PHILIPPINES and ROSARIO P. DY (for herself and on behalf of the minors Maria Luisa,
Francis Edward, Francis Mark and Francis Rafael, all surnamed Dy), respondents.

PARDO, J.:

The case is an appeal via certiorari from the amended decision 1 of the Court of Appeals2 affirming the
decision and supplemental decision of the trial court,3 as follows:

IN VIEW OF THE FOREGOING, judgment is hereby rendered dismissing the appeals interposed by both
accused and Reyes Trucking Corporation and affirming the Decision and Supplemental Decision dated
June 6, 1992 and October 26, 1992 respectively.

SO ORDERED.4

The facts are as follows:

On October 10, 1989, Provincial Prosecutor Patricio T. Durian of Isabela filed with the Regional Trial
Court, Isabela, Branch 19, Cauayan an amended information charging Romeo Dunca y de Tumol with
reckless imprudence resulting in double homicide and damage to property, reading as follows:

That on or about the 20th day of June, 1989, in the Municipality of Cauayan, Province of Isabela,
Philippines, and within the jurisdiction of this Honorable Court, the said accused being the driver and
person-in-charge of a Trailer Truck Tractor bearing Plate No. N2A-867 registered in the name of Rafael
Reyes Trucking Corporation, with a load of 2,000 cases of empty bottles of beer grande, willfully,
unlawfully and feloniously drove and operated the same while along the National Highway of Barangay
Tagaran, in said Municipality, in a negligent, careless and imprudent manner, without due regard to
traffic laws, rules and ordinances and without taking the necessary precautions to prevent injuries to
persons and damage to property, causing by such negligence, carelessness and imprudence the said
trailer truck to hit and bump a Nissan Pick-up bearing Plate No. BBG-957 driven by Feliciano Balcita and
Francisco Dy, Jr., @ Pacquing, due to irreversible shock, internal and external hemorrhage and multiple
injuries, open wounds, abrasions, and further causing damages to the heirs of Feliciano Balcita in the
amount of P100,000.00 and to the death of Francisco Dy, Jr.; @ Pacquing and damages to his Nissan
Pick-Up bearing Plate No. BBG-957 in the total amount of P2,000,000.00.

CONTRARY TO LAW.

Cauayan, Isabela, October 10, 1989.

(Sgd.) FAUSTO C. CABANTAC

Third Assistant Provincial Prosecutor

Upon arraignment on October 23, 1989, the accused entered a plea of not guilty. On the same occasion,
the offended parties (Rosario P. Dy and minor children and Angelina M. Balcita and minor son Paolo)
made a reservation to file a separate civil action against the accused arising from the offense charged.5
On November 29, 1989, the offended parties actually filed with the Regional Trial Court, Isabela, Branch
19, Cauayan a complaint against petitioner Rafael Reyes Trucking Corporation, as employer of driver
Romeo Dunca y de Tumol, based on quasi delict. The petitioner settled the claim of the heirs of Feliciano
Balcita (the driver of the other vehicle involved in the accident). The private respondents opted to
pursue the criminal action but did not withdraw the civil case quasi ex delicto they filed against
petitioner. On December 15, 1989, private respondents withdrew the reservation to file a separate civil
action against the accused and manifested that they would prosecute the civil aspect ex delicto in the
criminal action.6 However, they did not withdraw the separate civil action based on quasi delict against
petitioner as employer arising from the same act or omission of the accused driver.7

Upon agreement of the parties, the trial court consolidated both criminal and civil cases and conducted
a joint trial of the same.

The facts, as found by the trial court, which appear to be undisputed, are as follows:

The defendant Rafael Reyes Trucking Corporation is a domestic corporation engaged in the business of
transporting beer products for the San Miguel Corporation (SMC for Short) from the latter's San
Fernando, Pampanga plant to its various sales outlets in Luzon. Among its fleets of vehicles for hire is the
white truck trailer described above driven by Romeo Dunca y Tumol, a duly licensed driver. Aside from
the Corporation's memorandum to all its drivers and helpers to physically inspect their vehicles before
each trip (Exh. 15, pars. 4 & 5), the SMC's Traffic Investigator-Inspector certified the roadworthiness of
this White Truck trailer prior to June 20, 1989 (Exh. 17). In addition to a professional driver's license, it
also conducts a rigid examination of all driver applicants before they are hired.

In the early morning of June 20, 1989, the White Truck driven by Dunca left Tuguegarao, Cagayan bound
to San Fernando, Pampanga loaded with 2,000 cases of empty beer "Grande" bottles. Seated at the
front right seat beside him was Ferdinand Domingo, his truck helper ("pahinante" in Pilipino). At around
4:00 o'clock that same morning while the truck was descending at a slight downgrade along the national
road at Tagaran, Cauayan, Isabela, it approached a damaged portion of the road covering the full width
of the truck's right lane going south and about six meters in length. These made the surface of the road
uneven because the potholes were about five to six inches deep. The left lane parallel to this damaged
portion is smooth. As narrated by Ferdinand Domingo, before approaching the potholes, he and Dunca
saw the Nissan with its headlights on coming from the opposite direction. They used to evade this
damaged road by taking the left lance but at that particular moment, because of the incoming vehicle,
they had to run over it. This caused the truck to bounce wildly. Dunca lost control of the wheels and the
truck swerved to the left invading the lane of the Nissan. As a result, Dunca's vehicle rammed the
incoming Nissan dragging it to the left shoulder of the road and climbed a ridge above said shoulder
where it finally stopped. (see Exh. A-5, p. 8, record). The Nissan was severely damaged (Exhs. A-7, A-8, A-
9 and A-14, pp. 9-11 record), and its two passengers, namely: Feliciano Balcita and Francisco Dy, Jr. died
instantly (Exh. A-19) from external and internal hemorrhage and multiple fractures (pp. 15 and 16,
record).

For the funeral expenses of Francisco Dy, Jr. her widow spent P651,360.00 (Exh. I-3). At the time of his
death he was 45 years old. He was the President and Chairman of the Board of the Dynamic Wood
Products and Development Corporation (DWPC), a wood processing establishment, from which he was
receiving an income of P10,000.00 a month. (Exh. D). In the Articles of Incorporation of the DWPC, the
spouses Francisco Dy, Jr. and Rosario Perez Dy appear to be stockholders of 10,000 shares each with par
value of P100.00 per share out of its outstanding and subscribed capital stock of 60,000 shares valued at
P6,000,000.00 (Exhs. K-1 & 10-B). Under its 1988 Income Tax Returns (Exh. J) the DWPC had a taxable
net income of P78,499.30 (Exh. J). Francisco Dy, Jr. was a La Salle University graduate in Business
Administration, past president of the Pasay Jaycees, National Treasurer and President of the Philippine
Jaycees in 1971 and 1976, respectively, and World Vice-President of Jaycees International in 1979. He
was also the recipient of numerous awards as a civic leader (Exh. C). His children were all studying in
prestigious schools and spent about P180,000.00 for their education in 1988 alone (Exh. H-4).

As stated earlier, the plaintiffs' procurement of a writ of attachment of the properties of the Corporation
was declared illegal by the Court of Appeals. It was shown that on December 26, 1989, Deputy Sheriff
Edgardo Zabat of the RTC at San Fernando, Pampanga, attached six units of Truck Tractors and trailers of
the Corporation at its garage at San Fernando, Pampanga. These vehicles were kept under PC guard by
the plaintiffs in said garage thus preventing the Corporation to operate them. However, on December
28, 1989, the Court of Appeals dissolved the writ (p. 30, record) and on December 29, 1989, said Sheriff
reported to this Court that the attached vehicles were taken by the defendant's representative, Melita
Manapil (Exh. O, p. 31, record). The defendant's general Manager declared that it lost P21,000.00 per
day for the non-operation of the six units during their attachment (p. 31, t.s.n., Natividad C. Babaran,
proceedings on December 10, 1990).8

On June 6, 1992, the trial court rendered a joint decision, the dispositive portion of which reads as
follows:

WHEREFORE, in view of the foregoing considerations judgment is hereby rendered:

1. Finding the accused Romeo Dunca y de Tumol guilty beyond reasonable doubt of the crime of Double
Homicide through Reckless Imprudence with violation of the Motor Vehicle Law (Rep. Act No. 4136), and
appreciating in his favor the mitigating circumstance of voluntary surrender without any aggravating
circumstance to offset the same, the Court hereby sentences him to suffer two (2) indeterminate
penalties of four months and one day of arresto mayor as minimum to three years, six months and
twenty days as maximum; to indemnify the Heirs of Francisco Dy. Jr. in the amount of P3,000,000.00 as
compensatory damages, P1,000,000.00 as moral damages, and P1,030,000.00 as funeral expenses;

2. Ordering the plaintiff in Civil Case No. Br. 19-424 to pay the defendant therein actual damages in the
amount of P84,000.00; and

3. Ordering the dismissal of the complaint in Civil Case No. Br. 19-424.

No pronouncement as to costs.

SO ORDERED.

Cauayan, Isabela, June 6, 1992.

(Sgd.) ARTEMIO R. ALIVIA

Regional Trial Judge9

On the other hand, private respondents moved for amendment of the dispositive portion of the joint
decision so as to hold petitioner subsidiarily liable for the damages awarded to the private respondents
in the event of insolvency of the accused. 11

On October 26, 1992, the trial court rendered a supplemental decision amending the dispositive portion
by inserting an additional paragraph reading as follows:

2:A — Ordering the defendant Reyes Trucking Corporation subsidiarily liable for all the damages
awarded to the heirs of Francisco Dy, Jr., in the event of insolvency of the accused but deducting
therefrom the damages of P84,000.00 awarded to said defendant in the next preceding paragraph; and .
. . 12

On November 12, 1992, petitioner filed with the trial court a supplemental notice of appeal from the
supplemental decision. 13

During the pendency of the appeal, the accused jumped bail and fled to a foreign country. By resolution
dated December 29, 1994, the Court of Appeals dismissed the appeal of the accused in the criminal
case. 14

On January 6, 1997, the Court of Appeals rendered an amended decision affirming that of the trial court,
as set out in the opening paragraph of this decision. 15

On January 31, 1997, petitioner filed a motion for reconsideration of the amended decision. 16

On April 21, 1997, the Court of Appeals denied petitioner's motion for reconsideration for lack of merit
17

Hence, this petition for review. 18

On July 21, 1997, the Court required respondents to comment on the petition within ten (10) days from
notice. 19
On January 27, 1998, the Solicitor General filed his comment. 20 On April 13, 1998, the Court granted
leave to petitioner to file a reply and noted the reply it filed on March 11, 1998. 21

We now resolve to give due course to the petition and decide the case.

Petitioner raises three (3) grounds for allowance of the petition, which, however, boil down to two (2)
basic issues, namely:

1. May petitioner as owner of the truck involved in the accident be held subsidiarily liable for the
damages awarded to the offended parties in the criminal action against the truck driver despite the filing
of a separate civil action by the offended parties against the employer of the truck driver?

2. May the Court award damages to the offended parties in the criminal case despite the filing of a civil
action against the employer of the truck driver; and in amounts exceeding that alleged in the
information for reckless imprudence resulting in homicide and damage to property? 22

We grant the petition, resolving under the circumstances pro hac vice to remand the cases to the trial
court for determination of the civil liability of petitioner as employer of the accused driver in the civil
action quasi ex delicto re-opened for the purpose.

In negligence cases, the aggrieved party has the choice between (1) an action to enforce civil liability
arising from crime under Article 100 of the Revised Penal Code; and (2) a separate action for quasi delict
under Article 2176 of the Civil Code of the Philippines. Once the choice is made, the injured party can
not avail himself of any other remedy because he may not recover damages twice for the same
negligent act or omission of the accused. 23 This is the rule against double recovery.1âwphi1.nêt

In other words, "the same act or omission can create two kinds of liability on the part of the offender,
that is, civil liability ex delicto, and civil liability quasi delicto" either of which "may be enforced against
the culprit, subject to the caveat under Article 2177 of the Civil Code that the offended party can not
recover damages under both types of liability." 24

In the instant case, the offended parties elected to file a separate civil action for damages against
petitioner as employer of the accused, based on quasi delict, under Article 2176 of the Civil Code of the
Philippines. Private respondents sued petitioner Rafael Reyes Trucking Corporation, as the employer of
the accused, to be vicariously liable for the fault or negligence of the latter. Under the law, this vicarious
liability of the employer is founded on at least two specific provisions of law.

The first is expressed in Article 2176 in relation to Article 2180 of the Civil Code, which would allow an
action predicated on quasi-delict to be instituted by the injured party against the employer for an act or
omission of the employee and would necessitate only a preponderance of evidence to prevail. Here, the
liability of the employer for the negligent conduct of the subordinate is direct and primary, subject to
the defense of due diligence in the selection and supervision of the employee. The enforcement of the
judgment against the employer in an action based on Article 2176 does not require the employee to be
insolvent since the nature of the liability of the employer with that of the employee, the two being
statutorily considered joint tortfeasors, is solidary. 25 The second, predicated on Article 103 of the
Revised Penal Code, provides that an employer may be held subsidiarily civilly liable for a felony
committed by his employee in the discharge of his duty. This liability attaches when the employee is
convicted of a crime done in the performance of his work and is found to be insolvent that renders him
unable to properly respond to the civil liability adjudged. 26

As regards the first issue, the answer is in the negative. Rafael Reyes Trucking Corporation, as employer
of the accused who has been adjudged guilty in the criminal case for reckless imprudence, can not be
held subsidiarily liable because of the filing of the separate civil action based on quasi delict against it. In
view of the reservation to file, and the subsequent filing of the civil action for recovery of civil liability,
the same was not instituted with the criminal action. Such separate civil action was for recovery of
damages under Article 2176 of the Civil Code, arising from the same act or omission of the accused. 27

Pursuant to the provision of Rule 111, Section 1, paragraph 3 of the 1985 Rules of Criminal Procedure,
when private respondents, as complainants in the criminal action, reserved the right to file the separate
civil action, they waived other available civil actions predicated on the same act or omission of the
accused-driver. Such civil action includes the recovery of indemnity under the Revised Penal Code, and
damages under Articles 32, 33, and 34 of the Civil Code of the Philippines arising from the same act or
omission of the accused. 28

The intention of private respondents to proceed primarily and directly against petitioner as employer of
accused truck driver became clearer when they did not ask for the dismissal of the civil action against
the latter based on quasi delict.

Consequently, the Court of Appeals and the trial court erred in holding the accused civilly liable, and
petitioner-employer of the accused subsidiarily liable for damages arising from crime (ex delicto) in the
criminal action as the offended parties in fact filed a separate civil action against the employer based on
quasi delict resulting in the waiver of the civil action ex delicto.
It might be argued that private respondents as complainants in the criminal case withdrew the
reservation to file a civil action against the driver (accused) and manifested that they would pursue the
civil liability of the driver in the criminal action. However, the withdrawal is ineffective to reverse the
effect of the reservation earlier made because private respondents did not withdraw the civil action
against petitioner based on quasi delict. In such a case, the provision of Rule 111, Section 1, paragraph 3
of the 1985 Rules on Criminal Procedure is clear that the reservation to file or the filing of a separate
civil action results in a waiver of other available civil actions arising from the same act or omission of the
accused. Rule 111, Section 1, paragraph 2 enumerated what are the civil actions deemed waived upon
such reservation or filing, and one of which is the civil indemnity under the Revised Penal Code. Rule
111, Section 1, paragraph 3 of the 1985 Rules on Criminal Procedure specifically provides:

A waiver of any of the civil actions extinguishes the others. The institution of, or the reservation of the
right to file, any of said civil actions separately waives the others.

The rationale behind this rule is the avoidance of multiple suits between the same litigants arising out of
the same act or omission of the offender. The restrictive phraseology of the section under consideration
is meant to cover all kinds of civil actions, regardless of their source in law, provided that the action has
for its basis the same act or omission of the offender. 29

However, petitioner as defendant in the separate civil action for damages filed against it, based on quasi
delict, may be held liable thereon. Thus, the trial court grievously erred in dismissing plaintiff's civil
complaint. And the Court of Appeals erred in affirming the trial court's decision. Unfortunately private
respondents did not appeal from such dismissal and could not be granted affirmative relief. 30

The Court, however, in exceptional cases has relaxed the rules "in order to promote their objectives and
assist the parties in obtaining just, speedy, and inexpensive determination of every action or
proceeding" 31 or exempted "a particular case from the operation of the rules." 32

Invoking this principle, we rule that the trial court erred in awarding civil damages in the criminal case
and in dismissing the civil action. Apparently satisfied with such award, private respondent did not
appeal from the dismissal of the civil case. However, petitioner did appeal. Hence, this case should be
remanded to the trial court so that it may render decision in the civil case awarding damages as may be
warranted by the evidence. 33

With regard to the second issue, the award of damages in the criminal case was improper because the
civil action for the recovery of civil liability was waived in the criminal action by the filing of a separate
civil action against the employer. As enunciated in Ramos vs. Gonong, 34 "civil indemnity is not part of
the penalty for the crime committed." The only issue brought before the trial court in the criminal action
is whether accused Romeo Dunca y de Tumol is guilty of reckless imprudence resulting in homicide and
damage to property. The action for recovery of civil liability is not included therein, but is covered by the
separate civil action filed against the petitioner as employer of the accused truck-driver.

In this case, accused-driver jumped bail pending his appeal from his conviction. Thus, the judgment
convicting the accused became final and executory, but only insofar as the penalty in the criminal action
is concerned. The damages awarded in the criminal action was invalid because of its effective waiver.
The pronouncement was void because the action for recovery of the civil liability arising from the crime
has been waived in said criminal action.

With respect to the issue that the award of damages in the criminal action exceeded the amount of
damages alleged in the amended information, the issue is de minimis. At any rate, the trial court erred
in awarding damages in the criminal case because by virtue of the reservation of the right to bring a
separate civil action or the filing thereof, "there would be no possibility that the employer would be held
liable because in such a case there would be no pronouncement as to the civil liability of the accused. 35

As a final note, we reiterate that "the policy against double recovery requires that only one action be
maintained for the same act or omission whether the action is brought against the employee or against
his employer. 36 The injured party must choose which of the available causes of action for damages he
will bring. 37

Parenthetically, the trial court found the accused "guilty beyond reasonable doubt of the crime of
Double Homicide Through Reckless Imprudence with violation of the Motor Vehicle Law (Rep. Act No.
4136)". There is no such nomenclature of an offense under the Revised Penal Code. Thus, the trial court
was misled to sentence the accused "to suffer two (2) indeterminate penalties of four (4) months and
one (1) day of arresto mayor, as minimum, to three (3) years, six (6) months and twenty (20) days of
prision correccional, as maximum." This is erroneous because in reckless imprudence cases, the actual
penalty for criminal negligence bears no relation to the individual willfull crime or crimes committed, but
is set in relation to a whole class, or series of crimes. 38

Unfortunately, we can no longer correct this judgment even if erroneous, as it is, because it has become
final and executory.

Under Article 365 of the Revised Penal Code, criminal negligence "is treated as a mere quasi offense,
and dealt with separately from willful offenses. It is not a question of classification or terminology. In
intentional crimes, the act itself is punished; in negligence or imprudence, what is principally penalized is
the mental attitude or condition behind the act, the dangerous recklessness, lack of care or foresight,
the imprudencia punible. Much of the confusion has arisen from the common use of such descriptive
phrase as "homicide through reckless imprudence", and the like; when the strict technical sense is, more
accurately, "reckless imprudence resulting in homicide"; or "simple imprudence causing damages to
property"." 39

There is need, therefore, to rectify the designation of the offense without disturbing the imposed
penalty for the guidance of bench and bar in strict adherence to precedent.

WHEREFORE, the Court GRANTS the petition and SETS ASIDE the amended decision and resolution of
the Court of Appeals in CA-G.R. CR No. 14448, promulgated on January 6, 1997, and the joint decision of
the Regional Trial Court, Isabela, Branch 19, Cauayan, in Criminal Case No. Br. 19-311 and Civil Case No.
Br. 19-424, dated June 6, 1992.

IN LIEU THEREOF, the Court renders judgment as follows:

(1) In Criminal Case No. Br. 19-311, the Court declares the accused Romeo Dunca y de Tumol guilty
beyond reasonable doubt of reckless imprudence resulting in homicide and damage to property, defined
and penalized under Article 365, paragraph 2 of the Revised Penal Code, with violation of the
automobile law (R.A. No. 4136, as amended), and sentences him to suffer two (2) indeterminate
penalties of four (4) months and one (1) day of arresto mayor, as minimum, to three (3) years, six (6)
months and twenty (20) days of prision correccional, as maximum, 40 without indemnity, and to pay the
costs, and

(2) In Civil Case No. Br. 19-424, the Court orders the case re-opened to determine the liability of the
defendant Rafael Reyes Trucking Corporation to plaintiffs and that of plaintiffs on defendant's
counterclaim.

No costs in this instance.

SO ORDERED.

Bellosillo, Melo, Kapunan, Buena, Gonzaga-Reyes, Ynares-Santiago and De Leon, Jr., JJ., concur.

Davide, Jr., C.J., Please see dissenting opinion.

Vitug, J., Please see separate opinion.

Mendoza, J., Please see my dissent.

Panganiban, J., In the result.

Quisumbing, J., Concur in separate opinion of J. Vitug.

Purisima, J., I join in the dissent of Mr. Justice Mendoza.

Footnotes

1 In CA-G.R. CR No. 14448, promulgated on January 6, 1997.

2 Ibay-Somera J., ponente, Lipana-Reyes+, and Vasquez, JJ., concurring.

3 Dated June 6, 1992, and October 26, 1992, respectively, in Consolidated Criminal Case No. Br. 19-311
and Civil Case No. Br. 19-424, Regional Trial Court, Cauayan, Isabela, Judge Artemio R. Alivia, presiding.

4 Rollo, pp. 35-43.

5 See Manifestation, Rollo, p. 55.

6 Ibid, pp. 55-56.

7 Civil Case No. Br. 19-424.

8 Petition, Annex "F", Rollo, pp. 64-80, at pp. 67-69.

9 Petition, Annex "F", Rollo, pp. 64-80.

11 It is not indicated when the motion for amendment of the trial court's decision was filed, but this fact
is mentioned in the trial court's supplemental decision of October 26, 1992.

12 Rollo, pp. 83-84.

13 Rollo, pp. 85-86.

14 CA Record, pp. 92-94.

15 Rollo, pp. 35-43.

16 Petition, Annex "J", Rollo, pp. 87-91.

17 Rollo, p. 45.

18 Filed on June 13, 1997, Rollo, pp. 11-33.

19 Rollo, p. 96.

20 Rollo, pp. 114-120.

21 Rollo, p. 133.

22 Petitioner, par. V, Rollo, pp. 11-33, at p. 19.

23 Rule 111, Section 1, paragraph 5, 1985 Rules on Criminal Procedure; Article 2177, Civil Code; Virata
vs. Ochoa, 81 SCRA 472 [1978].
24 Jarantilla vs. Court of Appeals, 171 SCRA 429, 436 [1989].

25 Art. 2194, Civil Code of the Philippines.

26 Franco vs. Intermediate Appellate Court, 178 SCRA 331, 338 [1989].

27 Maniago vs. Court of Appeals, 253 SCRA 674, 681 [1996].

28 Rule 111, Section 1, paragraph 2, 1985 Rules on Criminal Procedure.

29 Pamaran, The 1985 Rules on Criminal Procedure Annotated, 1998 edition pp. 128-129.

30 Policarpio vs. Court of Appeals, 269 SCRA 344, 357 [1997].

31 Nerves vs. Civil Service Commission, 276 SCRA 610, 617 [1997].

32 Blanco vs. Bernabe, 63 Phil. 124 [1936].

33 Guaring, Jr. vs. Court of Appeals, 336 Phil. 274, 283 [1997].

34 72 SCRA 562, 566 [1976].

35 Maniago vs. Court of Appeals, supra, at p. 686.

36 Maniago vs. Court of Appeals, supra, at p. 687.

37 Barredo vs. Garcia, 73 Phil. 607 [1942], reiterated in Maniago vs. Court of Appeal, supra.
38 Quizon vs. The Justice of the Peace of Pampanga, 97 Phil. 342, 346 [1955].

39 Quizon vs. The Justice of the Peace of Pampanga, supra, at p. 345.

40 This was the penalty imposed by the trial court, which has become final and executory.

The Lawphil Project - Arellano Law Foundation

Separate Opinions

DAVIDE, JR., C.J., dissenting opinion;

I understand that this is an appeal by an employer from a decision holding it subsidiarily liable with the
driver. The driver's appeal from the judgment of conviction was dismissed because the driver jumped
bail. Hence, the decision in the criminal case insofar as the criminal liability is concerned is already firm
and final. Accordingly, for this reason alone we cannot modify the decision as to him. The modifications
introduced in the ponencia is very substantial for it deletes the award of indemnity.

Also, the plaintiff in Civil Case No. Br. 19-424 — the action for damages based on quasi-delict — did not
appeal from the decision of the Regional Trial Court dismissing the case. That decision had long become
final and executory.

Since there was no appeal from the dismissal of the civil case to the Court of Appeals, it logically follows
that it was not brought to that Court. Obviously, too, it was never brought to our jurisdiction.
Accordingly, there is nothing to remand to the court of origin for further proceedings.

I believe that we cannot even suspend the rules accommodate the plaintiffs in Civil Case No. Br. 19-424.
Such suspension would do much violence to the rules and open floodgates to dangerous precedents.

The simple solution in this case is to sustain the judgment of the trial court, affirmed by the Court of
Appeals, holding petitioner, as employer of the offending driver, subsidiarily liable for the damages
adjudged.
It is settled that every person criminally liable for a felony is also civilly liable. (Article 100, Revised Penal
Code). Employers are subsidiarily civilly liable for felonies committed by their employees. (Article 103,
id.).

The aggrieved parties in criminal cases may pursue their claims for damages either as delictual damages,
or quasi-delictual damages under Article 2176 of the Civil Code, which the Code considers as "entirely
distinct and separate from the civil liability arising from negligence under the Revised Penal Code."
However, Article 2177 of the Civil Code expressly provides that "the plaintiffs cannot recover damages
twice for the same act or omission of the defendant."

The offended parties filed a separate action for damages under Article 2176. It must, however, be
pointed out that, as can be gathered from the ponencia, only petitioner was made as defendant in that
civil case. Part of the first paragraph of page three of the ponencia reads:

On November 29, 1989, the offended parties actually filed with the Regional Trial Court, Isabela, Branch
19, Cauayan, a complaint against petiitoner Rafael Reyes Trucking Corporation as employer of driver
Romeo Dunca y de Tumol, based on quasi-delicts.

Obviously then there was no separate civil action for damages arising from the felony. It was then
deemed impliedly instituted in the criminal action against the driver.

The civil case against petitioner alone was consolidated with the criminal case where the civil aspect
arising from the delict was impliedly instituted against the driver. Hence, there was no legal obstacle for
the trial court to award damages therein, such as indemnity for the death, etc. and pursuant to Article
103 of the Revised Penal Code, to make petitioner subsidiarily liable for the awards. Considering,
however, the abovestated proscription in Article 2177 of the Civil Code, the trial court had dismissed the
civil case for damages against petitioner, which was already made subsidiarily liable for the damages in
the criminal case.

To recapitulate, both the trial court and the Court of Appeals committed no error.

I vote to DENY the petition.

VITUG, J., separate opinion;

An early established rule under our law is that an act or omission, extra- contractual in nature, causing
damage to another, there being fault or negligence can create two separate civil liabilities on the part of
the offender, i.e., civil liability ex delicto and civil liability ex quasi delicto. Either one of these two
possible liabilities may be sought to be enforced against the offender subject, however, to the caveat
under Article 2177 of the Civil Code that the offended party cannot "recover damages twice for the
same act or omission" or under both causes.1 Outside of this proscription, the two civil liabilities are
distinct and independent of each other; thus, and conversely against the rule on double recovery, the
failure of recovery in one will not necessarily preclude recovery in the other.

Procedurally, the Revised Rules of Criminal Procedure, while reiterating that a civil action under the Civil
Code may be brought separately from the criminal action, provides, nevertheless, that the right to bring
it must be reserved. Rule 111 reads in full:

Sec. 1. Institution of criminal and civil actions. — When a criminal action is instituted, the civil action for
the recovery of civil liability is impliedly instituted with the criminal action, unless the offended party
waives the civil action, reserves his right to institute it separately, or institutes the civil action prior to
the criminal action.

Such civil action includes recovery of indemnity under the Revised Penal Code, and damages under
Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines arising from the same act or omission of
the accused.

A waiver of any of the civil actions extinguishes the others. The institution of, or the reservation of the
right to file, any of said civil actions separately waives the others.

The reservation of the right to institute the separate civil actions shall be made before the prosecution
starts to present its evidence and under circumstances affording the offended party a reasonable
opportunity to make such reservation.

In no case may the offended party recover damages twice for the same act or omission of the accused.
When the offended party seeks to enforce civil liability against the accused by way of moral, nominal,
temperate or exemplary damages, the filing fees for such civil action as provided in these Rules shall
constitute a first lien on the judgment except in an award for actual damages.

In cases wherein the amount of damages, other than actual, is alleged in the complaint or information,
the corresponding filing fees shall be paid by the offended party upon the filing thereof in court for trial.

Sec. 2. Institution of separate civil action. — Except in the cases provided for in Section 3 hereof, after
the criminal action has been commenced, the civil action which has been reserved cannot be instituted
until final judgment has been rendered in the criminal action.

(a) Whenever the offended party shall have instituted the civil action as provided for in the first
paragraph of Section 1 hereof before the filing of the criminal action and the criminal action is
subsequently commenced, the pending civil action shall be suspended, in whatever stage before final
judgment it may be found, until final judgment in the criminal action has been rendered. However, if no
final judgment has been rendered by the trial court in the civil action, the same may be consolidated
with the criminal action upon application with the court trying the criminal action. If the application is
granted, the evidence presented and admitted in the civil action shall be deemed automatically
reproduced in the criminal action, without prejudice to the admission of additional evidence that any
party may wish to present. In case of consolidation, both the criminal and the civil actions shall be tried
and decided jointly.

(b) Extinction of the penal action does not carry with it extinction of the civil, unless the extinction
proceeds from a declaration in a final judgment that the fact from which the civil might arise did not
exist.

Sec. 3. When civil action may proceed independently. — In the cases provided for in articles 32, 33, 34,
and 2176 of the Civil Code of the Philippines, the independent civil action which has been reserved may
be brought by the offended party, shall proceed independently of the criminal action, and shall require
only a preponderance of evidence.

In the recently decided case of San Ildefonso Lines, Inc., vs. Court of Appeals et al.,2 the Supreme Court
has ruled that, notwithstanding the independent nature of civil actions falling under Articles 32, 33, 34
and 2176 of the Civil Code, the right to institute the action must still have to be reserved. In the stern
words of the Court: The "past pronouncements that view the reservation requirement as an
unauthorized amendment to substantive law, i.e., the Civil Code, should no longer be controlling."
Essentially, I share this view although I also understand San Ildefonso as merely fortifying a procedural
rule that unless a reservation is made, the court trying the criminal case would not, for instance, be
precluded from taking cognizance of the civil aspect of the litigation and that, upon the other hand, the
other court in the civil case might, motu proprio or at the instance of a party, hold in abeyance the
consideration. thereof pending the outcome of the criminal case. In Maniago vs. Court of Appeals,3 the
Court has said that the requirement of reservation is not incompatible with the distinct and separate
character of independent civil actions. Indeed, there is no incongruence between allowing the trial of
civil actions to proceed independently of the criminal prosecution and mandating that, before so
proceeding, a reservation to do so should first be made.

In fine —

First — The civil action is deemed instituted together with the criminal case except when the civil action
is reserved.4 The reservation should be made at the institution of the criminal case.5 In independent
civil actions, not being dependent on the criminal case, such reservation would be required not for
preserving the cause of action but in order to allow the civil action to proceed separately from the
criminal case in interest of good order and procedure.6 Indeed, independent civil actions already filed
and pending may still be sought to be consolidated in the criminal case before final judgment is
rendered in the latter case.7 When no criminal proceedings are instituted, a separate civil action may be
brought to demand the civil liability, and a preponderance of evidence is sufficient to warrant a
favorable judgment therefor.8 The same rule applies if the information were to be dismissed upon
motion of the fiscal.9

Second — The pendency of the criminal case suspends the civil action, except —

(a) When properly reserved, in independent civil actions, such as those cases (a) not arising from the act
or omission complained of as a felony (e.g. culpa contractual under Art. 31, 10 intentional torts under
Arts 32 11 and 34, 12 and culpa acquiliana under Art. 2176 13 of the Civil Code); or (b) where the injured
party is granted a right to file an action independent and separate from the criminal action (e.g. Art. 33,
14 Civil Code); and

(2) In the case of pre-judicial questions which must be decided before any criminal prosecution may be
instituted or may proceed (Art. 36, Civil Code).

In the above instances, the civil case may proceed independently and regardless of the outcome of the
criminal case.

Third — An acquittal in the criminal case may bar any further separate civil action, except —
(1) In independent civil actions, unless the complainant, not having reserved a separate action, has
actively participated and intervened in the criminal case. 15 Such active participation and intervention
can only be deemed to be an unequivocal election by the complainant to sue under ex-delictu rather
than on another cause of action (arising from the same act or omission complained of as being ex-
delictu). If, however, the acquittal is predicated on the ground that guilt has not been proven beyond
reasonable doubt, and not upon a finding that the "fact from which the civil (action) might arise did not
exist," an action for damages can still be instituted. 16

(2) In dependent civil actions where the acquittal is premised on a failure of proof beyond reasonable
doubt, which the court shall so declare as its basis, a civil action for damages for the same act or
omission may be instituted. Such action requires only a preponderance of evidence. Where acquittal is
thus based on the fact that the crime did not exist or that the offender did not commit the crime, and
not on mere quantum of proof, a civil action based on such ex delictu of which the accused is already
acquitted would be improper. 17

The vicarious liability of an employer for the fault or negligence of an employee is founded on at least
two specific provisions of law. The first is expressed in Article 2176, in relation to Article 2180, of the
Civil Code which would allow an action predicated on quasi-delict to be instituted by the injured party
against the employer for an act or omission of the employee and would necessitate only a
preponderance of evidence in order to prevail. Here, the liability of the employer for the negligent
conduct of the subordinate is direct and primary subject to the defense of due diligence in the selection
and supervision of the employee. The enforcement of the judgment against the employer for an action
based on Article 2176 does not require the employee to be insolvent since the nature of the liability of
the employer with that of the employee, the two being statutorily considered joint tortfeasors, is
solidary. 18 The second, predicated on Article 103 of the Revised Penal Code, provides that an employer
may be held subsidiarily liable for a felony committed by his employee in the discharge of his duty. This
liability attaches when the employee is convicted of a crime done in the performance of his work and is
found to be insolvent that renders him unable to properly respond to the civil liability adjudged. 19

Normally, the judgment in the criminal case concludes the employer not only with regard to the civil
liability but likewise with regard to its amount since the liability of an employer follows that of the
employee. 20 Nevertheless, due process demands that the employer be accorded full opportunity to be
heard to dispute the basic thesis upon which that liability is premised, i.e., the existence of an employer-
employee relationship, engagement in an industry by the employer, and commission of the felony by
the employee in carrying on his tasks. In highly meritorious cases, the extent of the liability of the
employer himself, including the amount of damages, although final and conclusive on the accused, may
be shown by the employer to be clearly unwarranted or unconscionable to be a valid measure of his
own subsidiary liability. In such an instance, there is little excuse for not allowing the employer due
process and to be given a chance to be heard thereon. The right of the employer to his own day in court,
in no way, would amend or nullify the final judgment rendered by the court which stands unaffected
insofar as the accused himself is concerned. It bears stressing that the employer takes no active role in
the criminal proceedings, nor entitled to take such role, up until he suddenly finds himself open to a
possible subsidiary liability following the judgment of conviction.

Finally, it may not be amiss to repeat that in independent civil actions only a successful recourse in one
would foreclose recovery in the other.

I concur, therefore, with the majority in remanding the case to the court a quo for the determination
and extent of the subsidiary liability of the employer conformably with the foregoing opinion.

Footnotes

1 Barredo vs. Garcia, 73 Phil 607; Mendoza vs. Arrieta , 91 SCRA 113; Padilla vs. Court of Appeals, 129
SCRA 558.

2 289 SCRA 568.

3 253 SCRA 674; Emerencia vs. Gonzales, 104 Phil. 1059.

4 Sec. 1, Rule 111, Revised Rules of Court, see also Art. 100, Revised Penal Code.

5 Abellana vs. Marave, 57 SCRA 106.

6 See Reyes vs. Sempio-Diy, 141 SCRA 208; Jarantilla vs. Court of Appeals, 171 SCRA 429; Castillo vs.
Court of Appeals, 176 SCRA 591.

7 Cojuangco, Jr. vs. CA, 203 SCRA 619.

9 See Calalang vs. IAC, 194 SCRA 514.

10 Art. 31. When the civil action is based on an obligation not arising form the act or omission
complained of as a felony, such civil action may proceed independently of the criminal proceedings and
regardless of the result of the latter.

11 Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs,
defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another
person shall be liable to the latter for damages:

(1) Freedom of religion;

(2) Freedom of speech;

(3) Freedom to write for the press or to maintain a periodical publication;

(4) Freedom from arbitrary or illegal detention;

(5) Freedom of suffrage;

(6) The right against deprivation of property without due process of law;

(7) The right to a just compensation when private property is taken for public use;

(8) The right to the equal protection of the laws;

(10) The liberty of abode and of changing the same;

(11) The privacy of communication and correspondence;

(12) The right to become a member of associations or societies for purposes not contrary to law;

(13) The right to take part in a peaceable assembly to petition the Government for redress of grievances;

(14) The right to be free from involuntary servitude in any form;

(15) The right of the accused against excessive bail;

(16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause
of the accusation against him, to have a speedy and pubic trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance of witness in his behalf;

(17) Freedom from being compelled to be a witness against one's self, or from being forced to confess
guilt, or from being induced by a promise of immunity or reward to make such confession, except when
the person confessing becomes a State witness;

(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed of
inflicted in accordance with a statute which has not been judicially declared unconstitutional; and

(19) Freedom of access to the courts.

In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes
a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil
action for damages, and for other relief. Such civil action shall proceed independently of any criminal
prosecution (if the latter be instituted), and may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated.

The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes
a violation of the Penal Code or the penal statute.

12 Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection
to any person in case or danger to life or property, such peace officer shall be primarily liable for
damages, and the city or municipality shall e subsidiarily responsible therefor. The civil action herein
recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall
suffice to support such action.

13 Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual
relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.

14 Art. 33. In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely
separate and distinct form the criminal action, may be brought by the injured party. Such civil action
shall proceed independently of the criminal prosecution, and shall require only a preponderance of
evidence.

15 Mendoza vs. Arrieta, 91 SCRA 113, Ruiz vs. Ucol, 153 SCRA 14; see also Diong Bi Chu vs. CA, 192 SCRA
554.

16 Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not
been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be
instituted. Such action requires only a preponderance or evidence. Upon motion of the defendant, the
court may require the plaintiff to file a bond to answer for damages in case the complaint should be
found to be malicious.

If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare.
In the absence of any declaration to that effect, it may be inferred from the text of the decision whether
or not the acquittal is due to that ground.1âwphi1.nêt

See also Art. 31, Civil Code; Gula vs. Dianala, et al., 132 SCRA 245.
17 People vs. Amistad, 108 SCRA 601.

18 Art. 2194, Civil Code of the Philippines.

19 Franco vs. Intermediate Appellate Court, 178 SCRA 333.

20 Miranda vs. Malate Garage and Taxicab, Inc., 99 Phil. 670.

The Lawphil Project - Arellano Law Foundation

MENDOZA, J., dissenting;

The question in this case is whether petitioner, as employer of the driver found guilty of reckless
imprudence resulting in homicide and damage to property, can be held subsidiarily liable for damages
awarded in the criminal case considering that a separate civil action for quasi-delict had been filed
against said petitioner, although the case was later dismissed. Based on the facts as stared in the
majority opinion, the answer is yes. My reasons are twofold: first, because the filing of the case for
quasi-delict against petitioner was without basis, the same being contrary to the reservation earlier
made by the offended parties of their right to file a separate civil action arising from the crime against
the driver, and, second, because the action for quasi-delict against petitioner was dismissed precisely
because the civil action against petitioner's driver had been reinstituted in the criminal case against him.
Let me explain.

As the records show, at the arraignment on October 23, 1989 of the driver Romeo Dunca, the heirs of
Francisco Dy, Jr. and Feliciano Balcita reserved in Criminal Case No. Br. 19-311 their right "to institute a
separate civil action arising from the offense charged against the herein accused.1 In accordance with
Rule 111, §1 of the 1985 Rules on Criminal Procedure,2 such reservation of the right to file a civil action
ex delicto was a waiver of the right to file any other civil action under Arts. 32, 33, 34 and 2176 of the
Civil Code for recovery of damages for the same act or omission of the accused. Hence, the subsequent
filing by private respondent Rosario P. Dy of a civil action for quasi-delict, based on Arts. 2176 and 2180
of the Civil Code, against petitioner Rafael Reyes Trucking Corporation was without any basis, the same
having been waived by the reservation earlier made by her of the right to file a separate civil action
arising from crime.
Be that as it may, the records further show that on December 15, 1989, private respondent filed a
manifestation in the criminal case that she was withdrawing the previous reservation made by her to
institute a separate civil action and that she was instead going to prosecute the civil action in the
criminal case. Hence, she prayed "that the reservation to institute separate civil action in this case be
ordered withdrawn and the Heirs of the victims be allowed to present evidence in support of the civil
liability to the accused in this case."3 The trial court granted private respondent's motion and allowed
her to intervene in the criminal case. Consequently, the civil action ex delicto was merged with the
criminal prosecution.

The civil action for quasi-delict against petitioner, which had been docketed as Civil Case No. Br. 19-424,
was subsequently consolidated and jointly tried with the criminal case (Criminal Case No. Br. 19-311)
against the driver. Then, on June 6, 1992, the trial court rendered judgment, which was amended on
October 26, 1992 —

(1) finding the driver Romeo Dunca guilty of double homicide through reckless imprudence and violation
of the Motor Vehicle Law and sentencing him to two indeterminate penalties of 4 months and 1 day of
arresto mayor to 3 years, 6 months and 20 days and to pay the heirs of Francisco Dy, Jr. in the total
amount of P5,030,000.00;

(2) ordering private respondent to pay P84,000.00 as damages for wrongful attachment of petitioner's
trucks; and

(3) dismissing Civil Case No. Br. 19-424 but declaring petitioner subsidiarily liable to private respondent
heirs of Francisco Dy, Jr. in the event of insolvency of the accused driver.

It is contended that, as the trial court had dismissed the action for quasi-delict (Civil Case No. Br. 19-424)
and private respondent did not appeal, no award of damages can be made in her favor. This contention
has no merit. The civil action for quasi-delict was dismissed precisely so that petitioner's liability for its
driver's negligence could be determined in the criminal case. Thus, the trial court stated:

Since Civil Case No. Br. 19-424 was admittedly instituted after the criminal case was filed, the Court
believes that the waiver made by the Heirs of Francisco Dy, Jr. on December 15, 1969 included their
right to file a separate civil action against the Rafael Reyes Trucking Corporation, the accused's
employer, for the reason that under Section 1, Rule 111, actions arising from Article 2176 of the Civil
Code or quasi-delicts are deemed included in the waiver. As such, since the latter raised as an
affirmative defense the defense that the plaintiffs cannot maintain Civil Case No. [Br.] 19-424, this Court
must have to rule that the filing of said case was not proper. Nevertheless, inasmuch as the plaintiffs
cannot recover damages twice for the offense committed by the accused, under Article 103 of the
Revised Penal Code, in the event the accused will be insolvent, the Corporation could be held
subsidiarily liable for the same damages.4

On the other hand, because of the subsequent withdrawal of the reservation to file a separate civil
action the same was reinstituted in the criminal case, as though no reservation to file it separately had
ever been made. The trial court, therefore, properly included in its decision in the criminal case a finding
of the driver's civil liability, in addition to his criminal liability.

Petitioner and its driver, Romeo Dunca, appealed to the Court of Appeals. However, while the appeal
was thus pending, Dunca jumped bail. The decision convicting him and imposing on him civil liability ex
delicto thereby became final and executory. This circumstance allows for the application of Art. 103 of
the Revised Penal Code, which provides:

Subsidiary civil liability of other persons. — The subsidiary liability established in the next preceding
article shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry
for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of
their duties.

To establish the subsidiary civil liability of the petitioner, the following must be shown: (1) that
petitioner is engaged in an industry; (2) that its employee (Romeo Dunca) committed the offense in the
discharge of his duties; and (3) that the employee is insolvent.5

The first requisite has already been established considering that petitioner admitted in its answer in the
trial court that it is engaged in an industry and that Dunca was its employee at the time of the accident.6

The second requisite must likewise be deemed to have been established since it is settled that, in the
absence of any collusion between the accused employee and the offended party, a judgment convicting
the former is conclusive upon the party subsidiarily liable.7 Petitioner cannot claim that he has been
deprived of due process on the ground that it was not a party to the suit. For as held in Miranda v.
Malate Garage & Taxicab, Inc.:

It is true that an employer, strictly speaking, is not a party to the criminal case instituted against his
employee but in substance and in effect he is, considering the subsidiary liability imposed upon him by
law. It is his concern, as well as of his employee, to see to it that his interest be protected in the criminal
case by taking virtual participation in the defense of his employee. He cannot leave him to his own fate
because his failure is also his. And if because of his indifference or inaction the employee is convicted
and damages are awarded against him, he cannot later be heard to complain, if brought to court for the
enforcement of his subsidiary liability, that he was not given his day in court. . . .8

Indeed, Civil Case No. Br. 19-424 and Criminal Case No. Br. 19-311 were jointly tried. All the parties in
the two cases — the prosecution and the defense in the criminal case, and the Dys and petitioner Rafael
Reyes Trucking Corporation in the civil case — were duly heard, before the trial court, in its joint
decision, rendered judgment dismissing the civil action for quasi delict against petitioner and finding it
instead subsidiarily liable in the criminal case. Petitioner and its driver were in fact represented by the
same counsel, who raised all possible defenses that petitioner could raise.9 The remand of this case to
the trial court should, therefore, be solely for the purpose of determining, in the execution of the
decision, whether Dunca, the accused driver, is insolvent.

The Court holds, however, that petitioner cannot be held liable in the criminal case on the ground that
the right to file a civil action ex delicto has been waived and that instead its liability for its driver's
negligence must be determined under Arts. 2176 and 2180 of the Civil Code. For this purpose, the Court
orders the reopening of the action for quasi delict (Civil Case No. Br. 19-424). As basis for its decision,
the Court states:

In the instant case, the offended parties elected to file a separate civil action for damages against
petitioner as employer of the accused, based on quasi delict, under Article 2176 of the Civil Code of the
Philippines . . . Rafael Reyes Trucking Corporation, as employer of the accused who has been adjudged
guilty in the criminal case for reckless imprudence, can not be held subsidiarily liable because of the
filing of the separate civil action based on quasi delict against it. In view of the reservation to file, and
the subsequent filing of the civil action for recovery of civil liability, the same was not instituted with the
criminal action. Such separate civil action was for recovery of damages under Article 2176 of the Civil
Code, arising from the same act or omission of the accused. 10

With due respect, it is not true that private respondent reserved the right to file a separate civil action
based on quasi delict and thereby waived the right to recover from petitioner civil liability ex delicto in
the event of the insolvency of the driver. The offended parties stated very clearly that what they were
reserving was the light "to institute a separate civil action arising from the offense charged against the
herein accused." It is, therefore, error to say that what was reserved was the right to bring a civil action
based on quasi delict.

Following Rule 111, §1, the reservation of the right to file a separate civil action ex delicto against the
driver was a waiver of the offended parties' right to institute a civil action based on quasi delict against
petitioner. The filing of Civil Case No. Br. 19-424 against petitioner was, therefore, without basis, and its
dismissal by the trial court in its decision was in order. On the other hand, as the offended parties had
withdrawn their reservation of the right to file a separate civil action against the driver so that they can
pursue their action in the criminal case, the trial court correctly determined petitioner's subsidiary civil
liability for its driver's negligence in the criminal case.

It is contended that the offended parties did not appeal from the decision of the trial court insofar as it
dismissed their complaint for quasi delict. That is because, as they had previously manifested in
withdrawing their reservation of the right to file a separate civil action against the driver, they intended
to pursue their action in the criminal case. That included the action to enforce the subsidiary civil liability
of petitioner, as employer, in the event of the driver's insolvency.

To relieve petitioner from its subsidiary liability, the Court has to declare the award of damages ex
delicto void because, by filing a civil action based on quasi delict, the offended parties allegedly waived
the right to bring action ex delicto. As already stated, it was the right to bring an action for quasi delict
which was waived as a result of the reservation to file a civil action ex delicto. Hence, as a consequence
of the driver's jumping bail, the judgment finding him liable not only criminally but also civilly became
final. As under Art. 103 of the Revised Penal Code the employer is subsidiarily liable, there is no way by
which petitioner may be absolved from such liability except upon a showing that the driver is not
insolvent.

Even assuming that the right of the offended parties to recover damages ex delicto had been waived,
the award of such damages by the trial court simply constitutes an error of judgment. Hence, the award
of damages ex delicto to the offended parties is not void and is now final. The Court has not only set
aside a final disposition by declaring it void; it has likewise ordered the reopening of a case already
dismissed with finality on the simplistic reasoning that rules of procedure may be relaxed "in order to
promote their objectives and assist the parties in obtaining just, speedy, and inexpensive determination
of every action or proceedings." There is no reason for doing so in this case since, as already stated, all
the parties herein had been duly heard before the trial court rendered its decision.

Indeed, for what purpose is this case to be remanded to the trial court? So that petitioner can present
evidence in its defense? But it has already done so. For the trial court to re-determine the amount of
damages? But even under Arts. 2176 and 2180, the employer is liable for the same amount the
employee is liable, as the only difference between its liability ex delicto and its liability based on quasi
delict is that the former is subsidiary or secondary to that of the driver while its liability for quasi delict is
primary.

I do not think it is worth sacrificing legal rules to reach the judgment the majority arrives at in this case.
The award of damages ex delicto in the decision of the trial court, is final, just as the dismissal of the
case for quasi delict is final. To ignore this fact is to set at naught the policy behind the finality of judicial
decisions and deprive adjudication of stability.
Apparently realizing the cost to basic rules of its decision today, the majority says that it is ordering the
determination of petitioner's liability for quasi delict only pro hac vice. Apparently, the majority is not
willing to apply its ruling in this case to similar situations should they arise in the future. For that is what
pro hac vice means — "for this turn; for this one particular occasion" only. 11 But adjudication cannot be
limited to the immediate parties and declared to have no precedential value. Adjudication, such as this,
is like a restricted or one-way railroad ticket, good for this day and train only. 12

For the foregoing reasons, I dissent and vote to affirm the decision of the Court of Appeals with the
modification that this case should be remanded to the trial court for the sole purpose of determining
the subsidiary civil liability of petitioner in the event of insolvency of its driver, the accused Romeo
Dunca.