Espero Salao vs. CA and Jowie Apolonio

Espero Salao vs. CA and Jowie Apolonio G.R. No. 107725. 22 January 1998.

Ponente: Mendoza, J.:

Facts: This case, which was originated from a complaint for damages filed by private respondent for head injuries allegedly inflicted on him by the petitioner, is a petittion for review on certioraroi of the decision of the CA affirming RTC's decisionwhich ordered petitioner to pay private respondent actual damages, moral damages and atty's fees, as well as the appellate court's resolution denying petitioner's MR.
Petitioner questions the award of damages and atty's fees, providing, as additional ground, the fact that in the criminal case for serious physical injuries and grave threats based on the same incident, the MTC found him 'not guilty' and accordingly dismissed the case against him.

Issue: WON the award of damages and atty's fees are appropriate.

Ruling: Decision of the CA is AFFIRMED.
Being a case of physical injuries resulting from a crime or quasi-delict, moral damages may be awarded in the discretion of the court [Art. 2219 (1)(2) NCC].
Additionally, the civil liability for quasi-delict, which is allowed to be brought "separately and independently" of the criminal action by art. 33 NCC, is not extinguished even by a declaration in the criminal case that the criminal act charged has not been committed by the accused since it is entirely possible that all the witnesses presented in the civil action may not have been presented in the criminal action with the result that the accused in the latter case may be acquitted.

*Peewee*