447 Phil. 361
AUSTRIA-MARTINEZ, J.:
WHETHER OR NOT A CIVIL CASE FOR DAMAGES BASED ON AN INDEPENDENT CIVIL ACTION FALLING UNDER ARTICLE 32, 33, 34 AND 2176 OF THE NEW CIVIL CODE BE DULY DISMISSED FOR FAILURE TO MAKE RESERVATION TO FILE A SEPARATE CIVIL ACTION IN A CRIMINAL CASE FILED ARISING FROM THE SAME ACT OR OMISSION OF THE ACCUSED PURSUANT TO RULE 111, SECTION 1 OF THE RULES OF COURT, THE FAILURE TO MAKE RESERVATION BEING DUE TO THE FACT THAT THE CRIMINAL CASE WAS DISMISSED BEFORE THE PROSECUTION STARTED TO PRESENT EVIDENCE FOR FAILURE OF THE PRIVATE COMPLAINANT TO APPEAR DESPITE NOTICEThe factual background that led to the filing of the petition is as follows:
SHOULD A STRICT INTERPRETATION OF RULE 111, SECTION 1 OF THE RULES OF COURT WHICH INFRINGES ON A RIGHT OF A PARTY BASED ON A SUBSTANTIVE LAW BE PERMITTED WHEN TO DO SO WOULD DIMINISH, MODIFY AND/OR AMEND A SUBSTANTIVE RIGHT CONTRARY TO LAW.[1]
WHEREFORE, Judgment is hereby rendered, sentencing defendant Valentino Cerantes to pay plaintiff George Hambon the sum of P60,000.00 for hospitalization and medical expenses and P10,000.00 for native rituals, as Actual Damages; the sum of P10,000.00 as Moral Damages, P5,000.00 as Exemplary Damages and P5,000.00 as Attorney’s fees and costs.On appeal,[8] the Court of Appeals, in its decision promulgated on March 8, 1995,[9] reversed and set aside the decision of the trial court, and dismissed petitioner’s complaint for damages.
SO ORDERED.[7]
SECTION 1. Institution of criminal and civil actions. – When a criminal action is instituted, the civil action for the recovery of civil liability is impliedly instituted with the criminal action, unless the offended party waives the civil action, reserves his right to institute it separately, or institutes the civil action prior to the criminal action.Under the foregoing rule, civil actions to recover liability arising from crime (ex delicto) and under Articles 32, 33, 34 and 2176 of the Civil Code (quasi-delict) are deemed impliedly instituted with the criminal action unless waived, reserved or previously instituted.
Such civil action includes recovery of indemnity under the Revised Penal Code, and damages under Article 32, 33, 34 and 2176 of the Civil Code of the Philippines arising from the same act or omission of the accused.
. . .
. . . §1quite clearly requires that a reservation must be made to institute separately all civil actions for the recovery of civil liability, otherwise they will de deemed to have been instituted with the criminal case. … In other words the right of the injured party to sue separately for the recovery of the civil liability whether arising from crimes (ex delicto) or from quasi-delict under Art. 2176 of the Civil Code must be reserved otherwise they will de deemed instituted with the criminal action.While the Abellana case ruled that a reservation is not necessary, the 1988 amendment of the rule explicitly requires reservation of the civil action.
. . .
Contrary to private respondent’s contention, the requirement that before a separate civil action may be brought it must be reserved does not impair, diminish or defeat substantive rights, but only regulates their exercise in the general interest of procedure. The requirement is merely procedural in nature. For that matter the Revised Penal Code, by providing in Art. 100 that any person criminally liable is also civilly liable, gives the offended party the right to bring a separate civil action, yet no one has ever questioned the rule that such action must be reserved before it may be brought separately.[19]
x x x Prior reservation is a condition sine qua non before any of these independent civil actions can be instituted and thereafter have a continuous determination apart from or simultaneous with the criminal action.Thus, herein petitioner Hambon should have reserved his right to separately institute the civil action for damages in Criminal Case No. 2049. Having failed to do so, Civil Case No. 1761-R for damages subsequently filed by him without prior reservation should be dismissed. With the dismissal of Criminal Case No. 2049, whatever civil action for the recovery of civil liability that was impliedly instituted therein was likewise dismissed.
. . . Far from altering substantive rights, the primary purpose of the reservation is, to borrow the words of the Court in "Caños v. Peralta":
‘. . . to avoid multiplicity of suits, to guard against oppression and abuse, to prevent delays, to clear congested dockets, to simplify the work of the trial court; in short, the attainment of justice with the least expense and vexation to the parties-litigants.’[20]