Rafael Reyes Trucking V People of The Philippines

2. Rafael Reyes Trucking v People of the Philippines private respondents actual damages.
Private respondents moved for

G.R. No 129029 amendment of the dispositive portion to hold petitioner subsidiarily liable
April 3, 2000 for all the damages ex delicto awarded to them in the event of insolvency
TOPIC: Quasi-Delict. Culpa Aquilania. Culpa Contractual of the accused.
Petitioners: Rafael Reyes Trucking
Respondent: People of the Phil, ROSARIO P. DY (for herself and on behalf of the
minors Maria Luisa, Francis Edward, Francis Mark and Francis Rafael, all sur- ISSUES:
named Dy)
Ponente: Pardo, J. May petitioner, as owner of the truck involved in the accident be held subsidiarily
FACTS: liable for the damages awarded to the offended parties in the criminal action
 The defendant Rafael Reyes Trucking Corporation is a domestic against the truck driver despite the filing of a separate civil action by the offended
corporation engaged in the business of transporting beer products for the parties against the employer of the truck driver? (No)
San Miguel Corporation.
 The truck is driven by Romeo Dunca. RULING:
 As narrated by Ferdinand Domingo, Dunca’s helper in the truck, they
tried to evade the damaged road by taking the left lane but at that  Rafael Reyes Trucking Corporation, employer of the accused, cannot be
particular moment, because of the incoming vehicle, they had to run over held subsidiarily liable because of the filing of the separate civil action
based on quasi-delict against it.
it. Dunca lost control of the truck then swerved to the left invading the
lane of the Nissan.  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
 As a result, Dunca’s vehicle rammed the incoming Nissan. The Nissan was
severely damaged and its two passengers, Feliciano Balcita and Francisco Revised Penal Code; and (2) a separate action for quasi delict under
Dy, Jr. died instantly from external and internal hemorrhage and multiple Article 2176 of the Civil Code.
fractures.  Once the choice is made, the injured party can not avail himself of any
 An Information was filed in the RTC against Romeo Dunca for reckless other remedy because he may not recover damages twice for the same
imprudence resulting in double homicide and damage to property. negligent act or omission of the accused. This is the rule against double
recovery.
 Offended parties, heirs of the two deceased, made a reservation to file a
separate civil action against the accused arising from the offense  In other words, the same act or omission can create two kinds of liability
charged. Thereafter, they actually filed with the RTC a complaint against 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,
petitioner Corporation, as employer of Dunca, based on quasi
delict. Petitioner settled the claim of heirs of Balcita. The heirs of Dy subject to the caveat under Article 2177 of the Civil Code that the
opted to continue with the criminal and civil actions. Later, they offended party can not recover damages under both types of liability.
withdrew their reservation to file a separate civil actionex delicto against  In the instant case, the offended parties elected to file a separate civil
the accused and manifested their intention to prosecute the same in the action for damages against petitioner under Article 2176,NCC to hold him
criminal action. They did not, however, withdraw the separate civil vicariously liable for the fault or negligence of the accused-employee,
action based on quasi delict against petitioner. Upon agreement of the based on quasi delict. Having made such choice, private respondents
parties, both criminal and civil cases were consolidated. cannot now recover their claim in a civil action for damages ex
 The trial court found Dunca guilty and ordered him to indemnify private delicto primarily against the accused, and subsidiarily against petitioner.
respondents with damages. Petitioner Corporation was ordered to pay  Based on the foregoing, and on Rule 111, Sec. 1, par. 3 of the 1985 Rules
on Criminal Procedure which provides 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, the trial
court grievously erred in holding, and the court of Appeals in affirming,
that petitioner is subsidiarily liable for damages arising from crime (ex
delicto) in the criminal action. There would be no occasion to rule on the
accused’s ex delicto civil liability, and petitioner’s subsidiary liability,
because of the aforesaid waiver and proscription against double
recovery.
 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.
 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.

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2. Rafael Reyes Trucking v People of the Philippines private respondents actual damages.

Private respondents moved for

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