FLORENCIO BONITA, plaintiff vs Zosa, defendant
G.R. No. L-33772 June 20, 1988
FACTS:
At about 2:00 pm on September 24, 1968, Mr. Florencio Bonite was working as “caminero” of the Bureau of Public Highways at Barrio Vicente Alto, Orquita City when a vehicle being driven by Eligio Abamonga, which caused the death of Bonite, hit him. The heirs of Bonite then filed a criminal action against Abamonga but Hon. Mariano Zosa, the presiding judge for lack of evidence to prove the accused guilty of the crime charged, dismissed the same. Petitioners did not appeal but instead filed a civil case for damages.
The same judge dismissed the instant case stating that the parties earlier reserve the right to file a civil case. The petitioners then raised this case for appeal Certiorari.
ISSUE:
Whether or not the courts erred in dismissing the case on the basis that the petitioners did not reserve their right to file a separate civil case.
RULING:
The Supreme Court reversed the decision of the lower court and stated that it is right of every party to be compensated for damages that they have incurred by way of the criminal action. The court further stated that a criminal action is distinct from that of a civil action. So upon this, the Supreme Court reversed the decision of the lower court and remanded the case back for the trial of the case.
