Marcia vs. CA

MARCIA VS. CA
G.R. No. L-34529 January 27, 1983
Appeal by Certiorari from the decision of the CA
RELOVA, J.:

FACTS: In 1956, a passenger bus in Pampanga operated by private respondent Victory Liner, Inc. and driven by its employee Felardo Paje, collided with a jeep driven by Clemente Marcia, resulting in the latter's death and in physical injuries to herein petitioners. Thereupon, an information for homicide and serious physical injuries thru reckless imprudence was filed against Paje in the CFI of Pampanga. A month later, an action for damages was filed in the CFI of Rizal by petitioners against the Victory Liner, Inc. and Paje, alleging that, the mishap was due to the reckless imprudence and negligence of the latter in driving the passenger bus. Paje was convicted by the CFI but was acquitted on appeal ruling that appellant was not even guilty of civil negligence and that it was a pure accident. The CFI of Rizal subsequently dismissed the civil case.

ISSUE: W/N the civil action is an independent one, entirely separate and distinct from the criminal action.

RULING: Decision affirmed.
Reckless imprudence or criminal negligence is not one of the three crimes mentioned in Article 33 of the Civil Code. The above article speaks only of defamation, fraud and physical injuries. The injuries suffered by herein petitioners were alleged to be the result of criminal negligence; they were not inflicted with malice. Hence, no independent civil action for damages may be instituted in connection therewith.
The charge against Felardo Paje was not for homicide and physical injuries but for reckless imprudence or criminal negligence resulting in homicide and physical injuries suffered by Edgar Marcia and Renato Yap. They are not one of the three crimes mentioned in Article 33 of the Civil Code and, therefore, no civil action shall proceed independently of the criminal prosecution.
*Mia