#7 CAPUNO v PEPSI-COLA  The case is an appeal from the decision of CFI and CA

GR NO. L-19331 dismissing the appellant’s complaint for recovery of

APRIL 30, 1965 damages for the death of Cipriano Capuno.
By: GUZMAN  The case started from a vehicular collision occurred in
Topic: PRESCRIPTION January 3, 1953, in Pampanga.
Plaintiffs: VICTORIA G. CAPUNO AND JOSEPHINE G. CAPUNO o Involved were a Pepsi-Cola delivery truck driven
Defendants: PEPSI-COLA BOTTLING COMPANY OF THE by Jon Elordi and a private car driven by
PHILIPPINES AND JON ELORDI Capuno.
Ponente: MAKALINTAL, J.  On January 5, 1953, Elordi was charged with triple
homicide through reckless imprudence. The information
was amended to include claims for damages by the
RECIT-READY: The case started from a vehicular collision in
heirs of the three victims.
Pampanga, which involved the truck driven by Elordi, and
 On October 1, 1953, while the criminal case was
private car driven by Capuno. Elordi was charged with triple
pending, the Intestate Estate of the Buan spouses and
homicide through reckless imprudence. When the accused
their heirs filed a civil action, also for damages against
was acquitted of the charges against him, the plaintiffs
the defendants.
commenced a civil action for damages. However, the lower
o Included in the complaint was a claim for
courts dismissed the case on the ground that the action had
indemnity in the sum of P2,623, allegedly paid by
already been prescribed. The SC affirmed the decision of the
the Estate to the Heirs of Capuno under the
lower courts, stating that the civil action had already been
Workmen’s Compensation Act.
prescribed.
 In the criminal case, the appellants were represented by
their respective counsel as private prosecutors: Attys
DOCTRINE:
Navarro, Diokno and Ilagan.
1. An action for recovery of damages based on a quasi-
 The accused, moved to strike out the appearances of
delict must be instituted within four years.
these private prosecutors in the criminal case. On the
2. An action based on a quasi-delict is governed by Article
ground that:
1150 of the Civil Code as to the question of when the
o As far as the Capuno heirs were concerned they
prescriptive period of four years shall begin to run, that
no longer had any interest to protect in the
is, "from the day (the action) may be brought," which
criminal case since they had already claimed
means from the day the quasi-delict occurred or was
and received compensation for the death of
committed.
their decedent.
3. The institution of a criminal action cannot have the
o On the part of the Estate of Buan its right to
effect of interrupting the institution of a civil action based
intervene in said case had been abated by civil
on a quasi-delict.
action.
 The appearance and intervention of the said attorneys
FACTS
was disallowed by the Court. No Appeal was taken from
either.
  On June 11, 1958, the parties entered into a Compromise  But appellants' intervention was subsequently disallowed
and Settlement. and they did not appeal from the Court's order to that
o For P290k, the Buan Estate gave up its claims for effect. And when they commenced the civil action on
damages, including the claim for reimbursement September 26, 1958 the criminal case was still pending,
of the sum of P2,623, previously paid to the heirs showing that appellants then chose to pursue the
of Capuno under the Workmen’s Compensation remedy afforded by the Civil Code, for otherwise that
Act. action would have been premature and in any event
o The Court approved the compromise and would have been concluded by the subsequent
accordingly dismissed the case. judgment of acquittal in the criminal case.
 At that time the criminal case still pending, judgment  In other words, the civil action for damages could have
was rendered only on April 15, 1959, wherein the been commenced by appellants immediately upon the
accused Elordi was acquitted of the charges against death of their decedent, Cipriano Capuno, on January
him. 3, 1953 or thereabouts, and the same would not have
 On September 26, 1958, the plaintiffs commenced a civil been stayed by the filing of the criminal action for
action for damages against the defendants. homicide through reckless imprudence. But the
 The lower courts dismissed the motion. complaint here was led only on September 26, 1958, or
o The action had already prescribed; after the lapse of more than five years.
o That appellees had been released from  This Court held that an action based on a quasi-delict is
appellants’ claim for damages by virtue of the governed by Article 1150 of the Civil Code as to the
payment to the latter. question of when the prescriptive period of four years
shall begin to run, that is, "from the day (the action)
ISSUE maybe brought" which means from the day the quasi-
 WON the plaintiff’s action had already prescribed? delict occurred or was committed.
 The foregoing considerations dispose of appellants'
HELD/RATIO contention that the four-year period of prescription in
 YES. THE SC AFFIRMED THE DECISION OF CA. this case was interrupted by the filing of the criminal
 There can be no doubt that the present action is one for action against Jon Elordi inasmuch as they had neither
recovery of damages based on a quasi-delict, which waived the civil action nor reserved the right to institute
action must be instituted within four (4) years (Article it separately. Such reservation was not then necessary;
1146, Civil Code). without having made it they could file — as in fact they
 Appellants originally sought to enforce their claim ex- did — a separate civil action even during the pendency
delicto, that is, under the provisions of the Penal Code, of the criminal case.
when they intervened in the criminal case against Jon o Thus, "the institution of a criminal action cannot
Elordi. have the effect of interrupting the institution of a
 The information therein, it may be recalled, was civil action based on a quasi-delict."
amended precisely to include an allegation concerning
damages suffered by the heirs of the victims of the
accident for which Elordi was being prosecuted.