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Art. 33. In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate
and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall require only a preponderance of evidence.
HELD: No, his liability is primary and direct. Because he did not exercise the diligence of a good father
of a family in the selection of his employee, under Art. 1903 of the CC, he is primarily liable for damages
caused by Fontanillas negligence.
HELD: No, the acquittal of Reginal Hill in the criminal case has not extinguished his liability for quasidelict. Art. 2177 of the CC states that Responsibility for fault or negligence under the preceding article is
entirely separate and distinct from the civil liability arising from negligence under the Penal Code.
ISSUE: Whether or not a civil case can proceed independently of the criminal case which was filed ahead.
HELD: Yes, case according to Articles 33 and 2177 of the Civil Code, in quasi-delicts, "(t)he civil action
is entirely independent of the criminal case. The acquittal or conviction in the criminal case is entirely
irrelevant in the civil case, unless, of course, in the event of an acquittal where the court has declared that
the fact from which the civil action arose did not exist, in which case the extinction of the criminal
liability would carry with it the extinction of the civil liability
The City Court ordered the suspension of the civil case. Cinco filed a petition for certiorari to the CFI.
CFI dismissed the petition, stating that damage to property is not one of the instances when an
independent civil action is proper.
ISSUE: Whether or not there can be an independent civil action for damage to property during the
pendency of the criminal action.
HELD: Yes, section 2, Rule 111 states that an independent civil action may be brought by the injured
party during the pendency of the criminal case, provided the right is reserved. Reliance on section 3(b) is
faulty.