04/08/2023
PADUA VS. ROBLES
G.R. No. 148560
November 19, 2001
FACTS:
In the early morning of New Year's Day of 1969 a taxicab (bearing 1968 plate no.TX-9395 and driven by Romeo N. Punzalan but operated by the Bay Taxi Cabowned by Gregorio N. Robles) struck ten-year old Normandy Padua on the national road in barrio Barretto, Olongapo City. The impact hurled Normandy about forty meters away from the point where the taxicab struck him, as a result of which he died.
Normandy's parents filed a complaint for damages (civil case 427-O) against Punzalan and the Bay Taxi Cab. The city Fiscal filed with the same court an information for homicide through reckless imprudence (criminal case 1158-O). TC in the civil case ordered defendant Punzalan to pay plaintiffs actual, moral,exemplary damages and attorney’s fees.
Trial Court in the criminal case convicted Punzalan of the crime of homicide through reckless imprudence. The court in its dispositive portion stated that “the civil liability of the accused has already been determined and assessed in the civil case.” The Paduas sought ex*****on of the judgment. This proved futile. They instituted an action against Robles to enforce his subsidiary responsibility under Article 103, RPC. Robles filed a motion to dismiss. Court granted the petition.
ISSUES:
Whether or not the judgment in the criminal case includes a determination and adjudication of Punzalan’s civil liability arising from his criminal act upon which Robles’ subsidiary civil responsibility may be based.
RESOLUTION:
YES. Paduas' complaint in civil case states a cause of action against Robles whose concomitant subsidiary responsibility, per the judgment in criminal case, subsists. The said judgment states no civil liability arising from the offense charged against Punzalan. However, a careful study of the judgment in question, the situation to which it applies, and the attendant circumstances, the court a quo, on the contrary, recognized the enforceable right of the Paduas to the civil liability arising from the offense committed by Punzalan and awarded the corresponding indemnity.
