Marcia Vs CA Case Digest
Marcia Vs CA Case Digest
Marcia Vs CA Case Digest
CA
MARCIA VS. CA
G.R. No. L-34529 January 27, 9!3
Appeal by Certiorari from the decision of the CA
RELOVA, J.:
FACT: In 1956, a passenger bus in Pampanga operated by private respondent Victory Liner, Inc.
and driven by its employee Felardo Paje, collided it! a jeep driven by "lemente #arcia,
resulting in t!e latter$s deat! and in p!ysical injuries to !erein petitioners. %!ereupon, an
in&ormation &or !omicide and serious p!ysical injuries t!ru rec'less imprudence as &iled against
Paje in t!e "FI o& Pampanga. ( mont! later, an action &or damages as &iled in t!e "FI o& )i*al
by petitioners against t!e Victory Liner, Inc. and Paje, alleging t!at, t!e mis!ap as due to t!e
rec'less imprudence and negligence o& t!e latter in driving t!e passenger bus. Paje as convicted
by t!e "FI but as ac+uitted on appeal ruling t!at appellant as not even guilty o& civil
negligence and t!at it as a pure accident. %!e "FI o& )i*al subse+uently dismissed t!e civil
case.
!"E: ,-. t!e civil action is an independent one, entirely separate and distinct &rom t!e
criminal action.
R"L!#$: /ecision a&&irmed.
)ec'less imprudence or criminal negligence is not one o& t!e t!ree crimes mentioned in (rticle
00 o& t!e "ivil "ode. %!e above article spea's only o& de&amation, &raud and p!ysical injuries.
%!e injuries su&&ered by !erein petitioners ere alleged to be t!e result o& criminal negligence1
t!ey ere not in&licted it! malice. 2ence, no independent civil action &or damages may be
instituted in connection t!ereit!.
%!e c!arge against Felardo Paje as not &or !omicide and p!ysical injuries but &or rec'less
imprudence or criminal negligence resulting in !omicide and p!ysical injuries su&&ered by 3dgar
#arcia and )enato 4ap. %!ey are not one o& t!e t!ree crimes mentioned in (rticle 00 o& t!e "ivil
"ode and, t!ere&ore, no civil action s!all proceed independently o& t!e criminal prosecution.