People vs Ligon
Facts: An appeal from te judgment of the RTC convicting accused of the crime of robbery with homicide sentencing him to reclusion perpetua. The victim was Jose Rosales, a 17-year-old working student who was earning his keep as a cigarette vendor. He was allegedly robbed of his cigarette box, and the latter uon clinging to the window of the accused, lost his grip and fell down the pavement as the car sped up. On appeal. The Cort held that it was not convinced with moral certainty of the guilt of the accused beyond reasonable doubt, hence he was acquitted.
Issue: WON a person feed from criminal liability is also freed from civil liability
Ruling: Accused acquitted but held civilly liable for his acts and omissions, there being fault and negligence.
Ratio: It does not follow that a person who is not criminally liable is also free from civil liability. While the guilt must be established beyond reasonable doubt in a criminal prosecution, only preponderance of evidence is required in a civil action.
On the basis of the trial court’s evaluation of the testimonies of both prosecution and defense witness at the trial and applying the quantum of proof required in civil cases, We find that a preponderance of evidence establishes that Gabat by his act and omission with fault and negligence caused damage to Rosales and should answer civilly for the damage done.
*Mia
Saturday, November 22, 2008
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment