2b1.2 Padilla vs. Court of Appeals

7/18/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 129 7/18/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 129
keener awareness by all witnesses of the serious implications of

perjury, and a more studied consideration by the judge of the
entire records and of applicable statutes and precedents. To
require a separate civil action simply because the accused was
acquitted would mean needless clogging of court dockets and
unnecessary duplication of litigation with all its attendant loss of
time, effort, and money on the part of all concerned.
558 SUPREME COURT REPORTS ANNOTATED
Padilla vs. Court of Appeals
________________
*
No. L-39999. May 31, 1984. * EN BANC.
ROY PADILLA, FILOMENO GALDONES, ISMAEL

559
GONZALGO and JOSE FARLEY BEDEA, petitioners, vs.
COURT OF APPEALS, respondent.
VOL. 129, MAY 31, 1984 559
Criminal Procedure; Damages; Civil liability is not Padilla vs. Court of Appeals
extinguished where acquittal is based on reasonable doubt that
accused is guilty of the crime charged.The judgment of acquittal
extinguishes the liability of the accused for damages only when it Same; Same; Same.We see no need to amend Article 29 of
includes a declaration that the facts from which the civil might the Civil Code in order to allow a court to grant damages despite a
arise did not exist. Thus, the civil liability is not extinguished by judgment of acquittal based on reasonable doubt. What Article 29
acquittal where the acquittal is based on reasonable doubt (PNB clearly and expressly provides is a remedy for the plaintiff in case
v. Catipon, 98 Phil. 286) as only preponderance of evidence is the defendant has been acquitted in a criminal prosecution on the
required in civil cases; where the court expressly declares that the ground that his guilt has not been proved beyond reasonable
liability of the accused is not criminal but only civil in nature (De doubt. It merely emphasizes that a civil action for damages is not
Guzman v. Alvia, 96 Phil. 558; People v. Pantig, supra) as, for precluded by an acquittal for the same criminal act or omission.
instance, in the felonies of estafa, theft, and malicious mischief The Civil Code provision does not state that the remedy can be
committed by certain relatives who thereby incur only civil availed of only in a separate civil action. A separate civil case may
liability (See Art. 332, Revised Penal Code); and, where the civil be filed but there is no statement that such separate filing is the
liability does not arise from or is not based upon the criminal act only and exclusive permissible mode of recovering damages.
of which the accused was acquitted (Castro v. Collector of Internal
Revenue, 4 SCRA 1093; See Regalado, Remedial Law Same; Same; While civil damages may be awarded in the
Compendium, 1983 ed, p. 623). criminal case despite acquittal, this rule does not preclude the
filing of a separate civil action under certain circumstances.A
Same; Same; Court may acquit an accused on reasonable separate civil action may be warranted where additional facts
doubt and still order payment of civil damages in the same case. have to be established or more evidence must be adduced or
No separate civil action is necessary.There appear to be no where the criminal case has been fully terminated and a separate
sound reasons to require a separate civil action to still be filed complaint would be just as efficacious or even more expedient
considering that the facts to be proved in the civil case have than a timely remand to the trial court where the criminal action
already been established in the criminal proceedings where the was decided for further hearings on the civil aspects of the case.
accused was acquitted. Due process has been accorded the The offended party may, of course, choose to file a separate action.
accused. He was, in fact, exonerated of the criminal charged. The These do not exist in this case. Considering moreover the delays
constitutional presumption of innocence called for more vigilant suffered by the case in the trial, appellate, and review stages, it
efforts on the part of prosecuting attorneys and defense counsel, a would be unjust to the complainants in this case to require at this
http://www.central.com.ph/sfsreader/session/00000155f9bd83f27fb33620003600fb002c009e/t/?o=False 1/17 http://www.central.com.ph/sfsreader/session/00000155f9bd83f27fb33620003600fb002c009e/t/?o=False 2/17
time a separate civil action to be filed. No. 3, Jose Panganiban, Camarines Norte, and by subsequently
forcibly opening the door of said stall and thereafter brutally
PETITION for certiorari to review the decision of the Court demolishing and destroying said stall and the furnitures therein
of Appeals. by axes and other massive instruments, and carrying away the
goods, wares and merchandise, to the damage and prejudice of the
The facts are stated in the opinion of the Court. said Antonio Vergara and his family in the amount of P30,000.00
Sisenando Villaluz, Sr. for petitioners. in concept of actual or compensatory and moral damages, and
The Solicitor General for respondent. further the sum of P20,000.00 as exemplary damages.
That in committing the offense, the accused took advantage of
GUTIERREZ, JR., J.:
their public positions: Roy Padilla, being the incumbent municipal
This is a petition for review on certiorari of a Court of mayor, and the rest of the accused being policemen, except
Appeals decision which reversed the trial courts judgment Ricardo Celestino who is a civilian, all of Jose Panganiban,
of conviction and acquitted the petitioners of the crime of Camarines Norte, and that it was committed with evident
grave coercion on the ground of reasonable doubt but premeditation.
inspite of the acquittal ordered them to pay jointly and
The Court of First Instance of Camarines Norte, Tenth
severally the amount of P9,000.00 to the complainants as
Judicial District rendered a decision, the dispositive
actual damages.
portion of which states that:
560
IN VIEW OF THE FOREGOING, the Court finds the accused Roy
Padilla, Filomeno Galdonez, Ismael Gonzalgo and Jose Parley
560 SUPREME COURT REPORTS ANNOTATED Bedea guilty beyond reasonable doubt of the crime of grave
Padilla vs. Court of Appeals coercion, and hereby imposes upon them to suffer an
imprisonment of
The petitioners were charged under the following 561

information:
The undersigned Fiscal accused ROY PADILLA, FILOMENO VOL. 129, MAY 31, 1984 561
GALDONES, PEPITO BEDEA, YOLLY RICO, DAVID Padilla vs. Court of Appeals
BERMUNDO, VILLANOAC, ROBERTO ROSALES, VILLANIA,
ROMEO GARRIDO, JOSE ORTEGA, JR., RICARDO FIVE (5) months and One (1) day; to pay a fine of P500.00 each; to
CELESTINO, REALINGO alias KAMLON, JOHN DOE alias pay actual and compensatory damages in the amount of
TATO, and FOURTEEN (14) RICARDO DOES of the crime of P10,000.00; moral damages in the amount of P30,000.00; and
GRAVE COERCION, committed as follows: another P10,000.00 for exemplary damages, jointly and severally,
That on or about February 8, 1964 at around 9:00 oclock in and all the accessory penalties provided for by law; and to pay the
the morning, in the municipality of Jose Panganiban, province of proportionate costs of this proceedings.
Camarines Norte, Philippines, and within the jurisdiction of this The accused Federico Realingo alias Kamlon, David
Honorable Court, the above-named accused, Roy Padilla, Bermudo, Christopher Villaoac, Godofredo Villania, Romeo
Filomeno Galdones, Pepito Bedea, Yolly Rico, David Bermundo, Garrido, Roberto Rosales, Ricardo Celestino and Jose Ortega, are
Villanoac, Roberto Rosales, Villania, Romeo Garrido, Jose Ortega, hereby ordered acquitted on grounds of reasonable doubt for their
Jr., Ricardo Celestino, Realingo alias Kamlon, John Doe alias criminal participation in the crime charged.
Tato, and Fourteen Richard Does, by confederating and mutually
helping one another, and acting without any authority of law, did The petitioners appealed the judgment of conviction to the
then and there wilfully, unlawfully, and feloniously, by means of Court of Appeals. They contended that the trial courts
threats, force and violence prevent Antonio Vergara and his finding of grave coercion was not supported by the
family to close their stall located at the Public Market, Building evidence. According to the petitioners, the town mayor had
the power to order the clearance of market premises and THE COURT OF APPEALS COMMITTED A GRAVE ERROR OF
the removal of the complainants stall because the LAW OR GRAVELY ABUSED ITS DISCRETION IN IMPOSING
municipality had enacted municipal ordinances pursuant UPON PETITIONERS PAYMENT OF DAMAGES TO
to which the market stall was a nuisance per se. The COMPLAINANTS AFTER ACQUITTING PETITIONERS OF
petitioners stated that the lower court erred in finding that THE CRIME CHARGED FROM WHICH SAID LIABILITY
the demolition of the complainants stall was a violation of AROSE.
the very directive of the petitioner Mayor which gave the
stall owners seventy two (72) hours to vacate the market II
premises. The petitioners questioned the imposition of
THE COURT OF APPEALS ERRED IN HOLDING IN ITS
prison terms of five months and one day and of accessory
RESOLUTION DATED DECEMBER 26, 1974 THAT SINCE
penalties provided by law. They also challenged the order
APPELLANTS ACQUITTAL WAS BASED ON REASONABLE
to pay fines of P500.00 each, P10,000.00 actual and
DOUBT, NOT ON FACTS THAT NO UNLAWFUL ACT WAS
compensatory damages, P30,000.00 moral damages,
COMMITTED, THE IMPOSITION OF ACTUAL DAMAGES IS
P10,000.00 exemplary damages, and the costs of the suit.
CORRECT.
The dispositive portion of the decision of the respondent
Court of Appeals states: III
WHEREFORE, we hereby modify the judgment appealed from in THE COURT OF APPEALS COMMITTED A LEGAL
the sense that the appellants are acquitted on ground of INCONSISTENCY, IF NOT PLAIN JUDICIAL ERROR, IN
reasonable doubt, but they are ordered to pay jointly and HOLDING IN ITS APPEALED RESOLUTION THAT
severally to complainants the amount of P9,600.00 as actual PETITIONERS COMMITTED AN UNLAWFUL ACT, THAT IS,
damages. TAKING THE LAW INTO THEIR HANDS, DESTRUCTING (sic)
COMPLAINANTS PROPERTIES, AFTER HOLDING IN ITS
The petitioners filed a motion for reconsideration
MAIN DECISION OF NOVEMBER 6, 1974 THAT THE ACTS
contending that the acquittal of the defendants-appellants
FOR WHICH THEY WERE CHARGED DID NOT CONSTITUTE
as to criminal liability results in the extinction of their civil
GRAVE COERCION AND THEY WERE NOT CHARGED OF
liability. The Court of Appeals denied the motion holding
ANY OTHER CRIME.
that:
563
562
VOL. 129, MAY 31, 1984 563

IV
x x x x x x x x x
x x x appellants acquittal was based on reasonable doubt THE COURT OF APPEALS ERRED IN ORDERING THE
whether the crime of coercion was committed, not on facts that no PETITIONERS HEREIN, APPELLANTS IN CA-G.R. NO, 13456-
unlawful act was committed; as their taking the law into their CR, JOINTLY AND SEVERALLY, TO PAY COMPLAINANTS
hands, destructing (sic) complainants properties is unlawful, and, P9,600.00 IN SUPPOSED ACTUAL DAMAGES.
as evidence on record established that complainants suffered
actual damages, the imposition of actual damages is correct. The issue posed in the instant proceeding is whether or not
the respondent court committed a reversible error in
Consequently, the petitioners filed this special civil action, requiring the petitioners to pay civil indemnity to the
contending that: complainants after acquitting them from the criminal
I
charge.

Petitioners maintain the view that where the civil entitled to be informed of the nature of the acts imputed to him
liability which is included in the criminal action is that before he can be made to enter into trial upon a valid information.
arising from and as a consequence of the criminal act, and We rule that the crime of grave coercion has not been proved
the defendant was acquitted in the criminal case, (no civil in accordance with law.
liability arising from the criminal case), no civil liability While appellants are entitled to acquittal, they nevertheless
arising from the criminal charge could be imposed upon are civilly liable for the actual damages suffered by the
him. They cite precedents to the effect that the liability of complainants by reason of the demolition of the stall and loss of
the defendant for the return of the amount received by him some of their properties. The extinction of the penal action does
may not be enforced in the criminal case but must be raised not carry with it that of the civil, unless the extinction proceeds
in a separate civil action for the recovery of the said from a declaration in a final judgment that the fact from which
amount (People v. Pantig, 97 Phil. 748; following the the civil might arise did not exist. (Rule 111, Sec. 3 (c), Rev. Rules
doctrine laid down in Manila Railroad Co. v. Honorable of Court; Laperal v. Aliza, 51 OG.R. 1311, People v. Velez, 44 OG.
Rodolfo Baltazar, 49 O.G. 3874; Pueblo contra Abellera, 69 1811). In the instant case, the fact from which the civil might
Phil. 623; People v. Maago, 69 Phil. 496; People v. arise, namely, the demolition of the stall and loss of the properties
Miranda, 5 SCRA 1067; Aldaba v. Elepao, 116 Phil. 457). contained therein; exists, and this is not denied by the accused.
In the case before us, the petitioners were acquitted not And since there is no showing that the complainants have
because they did not commit the acts stated in the charge reserved or waived their right to institute a separate civil action,
against them. There is no dispute over the forcible opening the civil aspect therein is deemed instituted with the criminal
of the market stall, its demolition with axes and other action. (Rule 111, Sec. 1, Rev. Rules of Court).
instruments, and the carting away of the merchandize. The x x x x x x x x x
petitioners were acquitted because these acts were
denominated coercion when they properly constituted some Section 1 of Rule 111 of the Rules of Court states the
other offense such as threat or malicious mischief. fundamental proposition that when a criminal action is
The respondent Court of Appeals stated in its decision: instituted, the civil action for recovery of civil liability
arising from the offense charged is impliedly instituted
For a complaint to prosper under the foregoing provision, the with it. There is no implied institution when the offended
violence must be employed against the person, not against party expressly waives the civil action or reserves his right
property as what happened in the case at bar. x x x. to institute it separately. (Morte Sr. v. Alvizo, Jr., 101
x x x x x x x x x SCRA 221).
The extinction of the civil action by reason of acquittal in
564 the criminal case refers exclusively to civil liability ex
delicto founded on Article 100 of the Revised Penal Code.
564 SUPREME COURT REPORTS ANNOTATED (Elcano v. Hill, 77 SCRA 98; Virata v. Ochoa, 81 SCRA
472). In other
565
The next problem is: May the accused be convicted of an offense
other than coercion? VOL. 129, MAY 31, 1984 565
From all appearances, they should have been prosecuted either
for threats or malicious mischief. But the law does not allow us to Padilla vs. Court of Appeals
render judgment of conviction for either of these offenses for the
reason that they were not indicted for these offenses. The words, the civil liability which is also extinguished upon
information under which they were prosecuted does not allege the acquittal of the accused is the civil liability arising from the
elements of either threats or malicious mischief. Although the act as a crime.
information mentions that the act was by means of threats, it As early as 1942, the Supreme Court speaking through
does not allege the particular threat made. An accused person is Justice Jorge Bocobo in Barredo v. Garcia, et al. 73 Phil.
607 laid down the rule that the same punishable act or cases; where the court expressly declares that the liability
omission can create two kinds of civil liabilities against the of the accused is not criminal but only civil in nature (De
accused and, where provided by law, his employer. There is Guzman v. Alvia, 96 Phil. 558; People v. Pantig, supra) as,
the civil liability arising from the act as a crime and the for instance, in the felonies of estafa, theft, and malicious
liability arising from the same act as a quasi-delict. Either mischief committed by certain relatives who thereby incur
one of these two types of civil liability may be enforced only civil liability (See Art. 332, Revised Penal Code); and,
against the accused. However, the offended party cannot where the civil liability does not arise from or is not based
recover damages under both types of liability. For instance, upon the criminal act of which the accused was acquitted
in cases of criminal negligence or crimes due to reckless (Castro v. Collector of Internal Revenue, 4 SCRA 1093; See
imprudence, Article 2177 of the Civil Code provides: Regalado, Remedial Law Compendium, 1983 ed., p. 623).
Article 29 of the Civil Code also provides that:
Responsibility for fault or negligence under the preceding article
is entirely separate and distinct from the civil liability arising When the accused in a criminal prosecution is acquitted on the
from negligence under the Penal Code. But the plaintiff cannot ground that his guilt has not been proved beyond reasonable
recover damages twice for the same act or omission of the doubt, a civil action for damages for the same act or omission may
defendant be instituted. Such action requires only a preponderance of
evidence. Upon motion of the defendant, the court may require
Section 3 (c) of Rule 111 specifically provides that: the plaintiff to file a bond to answer for damages in case the
complaint should be found to be malicious.
Sec. 3. Other civil actions arising from offenses.In all cases not
If in a criminal case the judgment of acquittal is based upon
included in the preceding section the following rules shall be
reasonable doubt, the court shall so declare. In the absence of any
observed:
declaration to that effect, it may be inferred from the text of the
x x x x x x x x x
decision whether or not the acquittal is due to that ground.
x x x x x x x x x
(c) Extinction of the penal action does not carry with it More recently, we held that the acquittal of the defendant
extinction of the civil, unless the extinction proceeds from a in the criminal case would not constitute an obstacle to the
declaration in a final judgment that the fact from which the civil filing of a civil case based on the same acts which led to the
might arise did not exist. In other cases, the person entitled to the criminal prosecution:
civil action may institute it in the jurisdiction and in the manner
provided by law against the person who may be liable for x x x The finding by the respondent court that he spent said sum
restitution of the thing and reparation or indemnity for the for and in the interest of the Capiz Agricultural and Fishery
damage suffered. School and for his personal benefit is not a declaration that the
fact upon which Civil Case No. V-3339 is based does not exist. The
The judgment of acquittal extinguishes the liability of the civil action barred by such a declaration is the civil liability
accused for damages only when it includes a declaration arising from the offense charged, which is the one impliedly
that the facts from which the civil might arise did not exist. instituted with the criminal action. (Section I, Rule III, Rules of
Thus, the civil liability is not extinguished by acquittal Court.) Such a declaration would not bar a civil action filed
where the acquittal is based on reasonable doubt (PNB v. against an accused who had been acquitted in the criminal case if
Catipon, 98 Phil. the criminal action is predicated on factual or legal considerations
566
other than the commission of the offense charged. A person may
be acquitted of malversation where, as in the case at bar, he could
show that he did not misappropriate the public
567
286) as only preponderance of evidence is required in civil VOL. 129, MAY 31, 1984 567

Padilla vs. Court of Appeals 568 SUPREME COURT REPORTS ANNOTATED

funds in his possession, but he could be rendered liable to restore
said funds or at least to make a proper accounting thereof if he On the morning of February 8th, because the said Vergaras had
shall spend the same for purposes which are not authorized nor not up to that time complied with the order to vacate, the
intended, and in a manner not permitted by applicable rules and coaccused Chief of Police Galdones and some members of his
regulations. (Republic v. Bello, 120 SCRA 203) police force, went to the market and, using ax, crowbars and
hammers, demolished the stall of the Vergaras who were not
There appear to be no sound reasons to require a separate
present or around, and after having first inventoried the goods
civil action to still be filed considering that the facts to be
and merchandise found therein, they had them brought to the
proved in the civil case have already been established in
municipal building for safekeeping. Inspite of notice served upon
the criminal proceedings where the accused was acquitted.
the Vergaras to take possession of the goods and merchandise
Due process has been accorded the accused. He was, in fact,
thus taken away, the latter refused to do so.
exonerated of the criminal charged. The constitutional
The loss and damage to the Vergaras as they evaluated them
presumption of innocence called for more vigilant efforts on
were:
the part of prosecuting attorneys and defense counsel, a
keener awareness by all witnesses of the serious Cost of stall construction ........................................... P1,300.00
implications of perjury, and a more studied consideration Value of furniture and equip
by the judge of the entire records and of applicable statutes ment destroyed ............................................... 300.00
and precedents. To require a separate civil action simply
Value of goods and equipment
because the accused was acquitted would mean needless taken ............................................................... 8,000.00
clogging of court dockets and unnecessary duplication of

litigation with all its attendant loss of time, effort, and P9,600.00
money on the part of all concerned.
The trial court found the following facts clearly It is not disputed that the accused demolished the grocery
established by the evidence adduced by both the stall of the complainants Vergaras and carted away its contents.
prosecution and the defense: The defense that they did so in order to abate what they
considered a nuisance per se is untenable. This finds no support in
x x x x x x x x x
law and in fact. The couple has been paying rentals for the
(9) In the morning of February 8, 1964, then Chief Galdones,
premises to the government which allowed them to lease the stall.
complying with the instructions contained in said Memorandum
It is, therefore, farfetched to say that the stall was a nuisance per
No. 32 of the Mayor, and upon seeing that Antonio Vergara had
se which could be summarily abated.
not vacated the premises in question, with the aid of his
policemen, forced upon the store or stall and ordered the removal The petitioners, themselves, do not deny the fact that they
of the goods inside the store of Vergara, at the same time taking caused the destruction of the complainants market stall
inventory of the goods taken out, piled them outside in front of the and had its contents carted away. They state:
store and had it cordoned with a rope, and after all the goods were
taken out from the store, ordered the demolition of said stall of On February 8, 1964, despite personal pleas on Vergaras by the
Antonio Vergara. Since then up to the trial of this case, the Mayor to vacate the passageways of Market Building No. 3, the
whereabouts of the goods taken out from the store nor the Vergaras were still in the premises, so the petitioners Chief of
materials of the demolished stall have not been made known. Police and members of the Police Force of Jose Panganiban,
pursuant to the Mayors directives, demolished the store of the
The respondent Court of Appeals made a similar finding Vergaras, made an inventory of the goods found in said store, and
that: brought these goods to the municipal building under the custody
568 of the Municipal Treasurer, x x x.

569 doctrine must recognize the distinct and separate character of the
two actions, the nature of an acquittal on reasonable doubt, the
vexatious and oppressive effects of a reservation or institution of a
VOL. 129, MAY 31, 1984 569
separate
570
The only supposed obstacle is the provision of Article 29 of

the Civil Code, earlier cited, that when the accused in a 570 SUPREME COURT REPORTS ANNOTATED
criminal prosecution is acquitted on the ground that his Padilla vs. Court of Appeals
guilt has not been proved beyond reasonable doubt, a civil
action for damages for the same act or omission may be civil action, and that the injured party is entitled to damages not
instituted. According to some scholars, this provision of because the act or omission is punishable but because he was
substantive law calls for a separate civil action and cannot damaged or injured thereby (Sangco, Philippine Law on Torts and
be modified by a rule of remedial law even in the interests Damages, pp. 288-289).
of economy and simplicity and following the dictates of
logic and common sense. We see no need to amend Article 29 of the Civil Code in
As stated by retired Judge J. Cezar Sangco: order to allow a court to grant damages despite a judgment
of acquittal based on reasonable doubt. What Article 29
x x x if the Court finds the evidence sufficient to sustain the civil
clearly and expressly provides is a remedy for the plaintiff
action but inadequate to justify a conviction in the criminal
in case the defendant has been acquitted in a criminal
action, may it render judgment acquitting the accused on
prosecution on the ground that his guilt has not been
reasonable doubt, but hold him civilly liable nonetheless? An
proved beyond reasonable doubt. It merely emphasizes that
affirmative answer to this question would be consistent with the
a civil action for damages is not precluded by an acquittal
doctrine that the two are distinct and separate actions, and will
for the same criminal act or omission. The Civil Code
(a) dispense with the reinstituting of the same civil action, or one
provision does not state that the remedy can be availed of
based on quasi-delict or other independent civil action, and of
only in a separate civil action. A separate civil case may be
presenting the same evidence; (b) save the injured party
filed but there is no statement that such separate filing is
unnecessary expenses in the prosecution of the civil action or
the only and exclusive permissible mode of recovering
enable him to take advantage of the free services of the fiscal; and
damages.
(c) otherwise resolve the unsettling implications of permitting the
There is nothing contrary to the Civil Code provision in
reinstitution of a separate civil action whether based on delict, or
the rendition of a judgment of acquittal and a judgment
quasi-delict, or other independent civil actions.
awarding damages in the same criminal action. The two
x x x But for the court to be able to adjudicate in the manner
can stand side by side. A judgment of acquittal operates to
here suggested, Art. 29 of the Civil Code should be amended
extinguish the criminal liability. It does not, however,
because it clearly and expressly provides that the civil action
extinguish the civil liability unless there is clear showing
based on the same act or omission may only be instituted in a
that the act from which civil liability might arise did not
separate action, and therefore, may not inferentially be resolved
exist.
in the same criminal action. To dismiss the civil action upon
A different conclusion would be attributing to the Civil
acquittal of the accused and disallow the reinstitution of any
Code a trivial requirement, a provision which imposes an
other civil action, would likewise render, unjustifiably, the
uncalled for burden before one who has already been the
acquittal on reasonable doubt without any significance, and would
victim of a condemnable, yet non-criminal, act may be
violate the doctrine that the two actions are distinct and separate.
accorded the justice which he seeks.
In the light of the foregoing exposition, it seems evident that
We further note the rationale behind Art. 29 of the Civil
there is much sophistry and no pragmatism in the doctrine that it
Code in arriving at the intent of the legislator that they
is inconsistent to award in the same proceedings damages against
could not possibly have intended to make it more difficult
the accused after acquitting him on reasonable doubt. Such
for the aggrieved party to recover just compensation by moreover the delays suffered by the case in the trial,
making a separate civil action mandatory and exclusive: appellate, and review stages, it would be unjust to the
complainants in this case to require at this time a separate
The old rule that the acquittal of the accused in a criminal case civil action to be filed.
also releases him from civil liability is one of the most serious With this in mind, we therefore hold that the respondent
flaws in the Philippine legal system. It has given rise to Court of Appeals did not err in awarding damages despite a
numberless instances of miscarriage of justice, where the judgment of acquittal.
acquittal was due to a reasonable WHEREFORE, we hereby AFFIRM the decision of the
571
respondent Court of Appeals and dismiss the petition for
lack of merit.
SO ORDERED.
VOL. 129, MAY 31, 1984 571
572
doubt in the mind of the court as to the guilt of the accused. The 572 SUPREME COURT REPORTS ANNOTATED
reasoning followed is that inasmuch as the civil responsibility is
People vs. Espiritu
derived from the criminal offense, when the latter is not proved,
civil liability cannot be demanded.
Fernando, C.J., Teehankee, Makasiar, Guerrero,
This is one of those cases where confused thinking leads to Abad Santos, Melencio-Herrera, Plana, Escolin, Relova and
unfortunate and deplorable consequences. Such reasoning fails to De la Fuente, JJ., concur.
draw a clear line of demarcation between criminal liability and Aquino, J., in the result.
civil responsibility, and to determine the logical result of the Concepcion, Jr. J., on leave.
distinction. The two liabilities are separate and distinct from each De Castro, J., did not take part.
other. One affects the social order and the other, private rights.
One is for the punishment or correction of the offender while the Decision affirmed and petition dismissed.
other is for reparation of damages suffered by the aggrieved
Notes.Civil liability may not be enforced in a criminal
party. x x x It is just and proper that, for the purposes of the
action where accused is acquitted. (People vs. Miranda, 5
imprisonment of or fine upon the accused, the offense should be
SCRA 1067.)
proved beyond reasonable doubt. But for the purpose of
Once the offended party has reserved his right to
indemnifying the complaining party, why should the offense also
institute a separate civil action to recover indemnity, he
be proved beyond reasonable doubt? Is not the invasion or
thereby loses his right to intervene in the prosecution of
violation of every private right to be proved only by
the criminal case. (Tactaquin vs. Palileo, 21 SCRA 1431.)
preponderance of evidence? Is the right of the aggrieved person
The extinction of the penal action does not carry with it
any less private because the wrongful act is also punishable by
extinction of the civil, unless the extinction proceeds from a
the criminal law? (Code Commission, pp. 45-46).
declaration in a final judgment that the fact from which the
A separate civil action may be warranted where additional civil might arise did not exist. (Faraon vs. Priela, 24 SCRA
facts have to be established or more evidence must be 582.)
adduced or where the criminal case has been fully
o0o
terminated and a separate complaint would be just as
efficacious or even more expedient than a timely remand to
the trial court where the criminal action was decided for
further hearings on the civil aspects of the case. The
offended party may, of course, choose to file a separate
action. These do not exist in this case. Considering
7/18/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 129
Copyright 2016 Central Book Supply, Inc. All rights reserved.
http://www.central.com.ph/sfsreader/session/00000155f9bd83f27fb33620003600fb002c009e/t/?o=False 17/17

2b1.2 Padilla vs. Court of Appeals

Uploaded by

Copyright:

Available Formats

2b1.2 Padilla vs. Court of Appeals

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2b1.2 Padilla vs. Court of Appeals

Uploaded by

Copyright:

Available Formats

7/18/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 129 7/18/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 129

keener awareness by all witnesses of the serious implications of

ROY PADILLA, FILOMENO GALDONES, ISMAEL

The petitioners were charged under the following 561

VOL. 129, MAY 31, 1984 563

http://www.central.com.ph/sfsreader/session/00000155f9bd83f27fb33620003600fb002c009e/t/?o=False 5/17 http://www.central.com.ph/sfsreader/session/00000155f9bd83f27fb33620003600fb002c009e/t/?o=False 6/17

http://www.central.com.ph/sfsreader/session/00000155f9bd83f27fb33620003600fb002c009e/t/?o=False 9/17 http://www.central.com.ph/sfsreader/session/00000155f9bd83f27fb33620003600fb002c009e/t/?o=False 10/17

Padilla vs. Court of Appeals 568 SUPREME COURT REPORTS ANNOTATED

http://www.central.com.ph/sfsreader/session/00000155f9bd83f27fb33620003600fb002c009e/t/?o=False 11/17 http://www.central.com.ph/sfsreader/session/00000155f9bd83f27fb33620003600fb002c009e/t/?o=False 12/17

The only supposed obstacle is the provision of Article 29 of

Copyright 2016 Central Book Supply, Inc. All rights reserved.

You might also like