Justine Regala 1-BLM

VIRATA VS. OCHOA

G.R. No. L-46179

Petitioners: CANDIDA VIRATA, TOMAS VIRATA, MANOLITO VIRATA, EDERLINDA VIRATA, NAPOLEON
VIRATA, ARACELY VIRATA, ZENAIDA VIRATA, LUZMINDA VIRATA, PACITA VIRATA, and EVANGELINA
VIRATA,

Respondents: VICTORIO OCHOA, MAXIMO BORILLA and THE COURT OF FIRST INSTANCE OF CAVITE, 7th
JUDICIAL DISTRICT, BRANCH V, stationed at BACOOR, CAVITE

FACTS:

Arsenio Virata died as a result of being bumped by a passenger jeepney driven by Maximo Borilla, and
registered in the name of Victorio Ochoa. An action for homicide through reckless imprudence was
instituted against Borilla, docketed as Case No. 3162-P in the Court of First Instance of Rizal at Pasay
City. Atty. Francisco, lawyer of the petitioners, made a reservation to file a seperate civil action. On a
later date, Atty. Francisco filed a motion in said case to withdraw the reservation. Thereafter, the private
prosecutor stepped in and participated in the presentation of evidence of damages. The heirs of Arsenio
Virata reserved their right to institute a seperate civil action and commenced Civil Case no. B-134 for
damages based on a quasi-delict.

The defendants filed a motion to dismiss said case on the ground that there is Criminal Case No. 3162-P,
a pending action between the same parties for the same cause. The Court of First Instance of Rizal at
Pasay decided to acquit the accused Maximo Borilla on the ground that the injury caused was brought
by an accident. On a later date, the Court of First Instance of Cavite at Bacoor granted the motion to Civil
Case No. B-134 for damages.

ISSUE:

Whether or not the heirs Arsenio Virata, can prosecute an action for damages based on the quasi-delict
against Maximo Borilla and Victoria Ochoa, driver and owner, respectively on the passenger jeepney
that bumped Arsenio Virata.

HELD:

Yes. Before Criminal Case No. 3162-P was decided, the heirs of Arsenio Virata manifested in said criminal
case that they were filing a separate civil action for damages against the owner and driver of the
passenger jeepney based on quasi-delict. The acquittal of the driver, Maximo Borilla, of the crime
charged in Criminal Case No. 3162-P is not a bar to the prosecution of Civil Case No. B-134 for damages
based on quasi-delict. The source of the obligation sought to be enforced in Civil Case No. B-134 is quasi-
delict, not an act or omission punishable by law. Under Article 1157 of the Civil Code of the Philippines,
quasi-delict and an act or omission punishable by law are two different sources of obligation.
Justine Regala 1-BLM

Hence, SC ruled that the order of dismissal appealed from is hereby set aside and Civil Case No. B-134 is
reinstated and remanded to the lower court for further proceedings, with costs against the private
respondents.