EN BANC

G.R. No. 129029             April 3, 2000

RAFAEL REYES TRUCKING CORPORATION, petitioner,

vs.
PEOPLE OF THE PHILIPPINES and ROSARIO P. DY (for herself and on behalf of the minors
Maria Luisa, Francis Edward, Francis Mark and Francis Rafael, all surnamed Dy), respondents.

PARDO, J.:

The case is an appeal via certiorari from the amended decision  of the Court of Appeals affirming
1  2 

the decision and supplemental decision of the trial court, as follows:

3 

IN VIEW OF THE FOREGOING, judgment is hereby rendered dismissing the appeals

interposed by both accused and Reyes Trucking Corporation and affirming the Decision and
Supplemental Decision dated June 6, 1992 and October 26, 1992 respectively.

SO ORDERED. 4

The facts are as follows:

On October 10, 1989, Provincial Prosecutor Patricio T. Durian of Isabela filed with the Regional Trial
Court, Isabela, Branch 19, Cauayan an amended information charging Romeo Dunca y de
Tumol with reckless imprudence resulting in double homicide and damage to property,
reading as follows:

That on or about the 20th day of June, 1989, in the Municipality of Cauayan, Province of
Isabela, Philippines, and within the jurisdiction of this Honorable Court, the said accused
being the driver and person-in-charge of a Trailer Truck Tractor bearing Plate No. N2A-867
registered in the name of Rafael Reyes Trucking Corporation, with a load of 2,000 cases of
empty bottles of beer grande, willfully, unlawfully and feloniously drove and operated the
same while along the National Highway of Barangay Tagaran, in said Municipality, in a
negligent, careless and imprudent manner, without due regard to traffic laws, rules and
ordinances and without taking the necessary precautions to prevent injuries to persons and
damage to property, causing by such negligence, carelessness and imprudence the said
trailer truck to hit and bump a Nissan Pick-up bearing Plate No. BBG-957 driven by Feliciano
Balcita and Francisco Dy, Jr., @ Pacquing, due to irreversible shock, internal and external
hemorrhage and multiple injuries, open wounds, abrasions, and further causing damages to
the heirs of Feliciano Balcita in the amount of P100,000.00 and to the death of Francisco Dy,
Jr.; @ Pacquing and damages to his Nissan Pick-Up bearing Plate No. BBG-957 in the total
amount of P2,000,000.00.

CONTRARY TO LAW.

Cauayan, Isabela, October 10, 1989.

 (Sgd.) FAUSTO C. CABANTAC
Third Assistant Provincial Prosecutor

Upon arraignment on October 23, 1989, the accused entered a plea of not guilty. On the same
occasion, the offended parties (Rosario P. Dy and minor children and Angelina M. Balcita and
minor son Paolo) made a reservation to file a separate civil action against the accused
arising from the offense charged. On November 29, 1989, the offended parties actually filed
5 

with the Regional Trial Court, Isabela, Branch 19, Cauayan a complaint against petitioner
Rafael Reyes Trucking Corporation, as employer of driver Romeo Dunca y de Tumol, based
on quasi delict. The petitioner settled the claim of the heirs of Feliciano Balcita (the driver of
the other vehicle involved in the accident). The private respondents opted to pursue the criminal
action but did not withdraw the civil case quasi ex delicto they filed against petitioner. On
December 15, 1989, private respondents withdrew the reservation to file a separate civil
action against the accused and manifested that they would prosecute the civil aspect ex
delicto in the criminal action. However, they did not withdraw the separate civil action based
6 

on quasi delict against petitioner as employer arising from the same act or omission of the
accused driver. 7

Upon agreement of the parties, the trial court consolidated both criminal and civil cases and
conducted a joint trial of the same.

The facts, as found by the trial court, which appear to be undisputed, are as follows:

The defendant Rafael Reyes Trucking Corporation is a domestic corporation engaged in the
business of transporting beer products for the San Miguel Corporation (SMC for Short) from
the latter's San Fernando, Pampanga plant to its various sales outlets in Luzon. Among its
fleets of vehicles for hire is the white truck trailer described above driven by Romeo Dunca y
Tumol, a duly licensed driver. Aside from the Corporation's memorandum to all its drivers
and helpers to physically inspect their vehicles before each trip (Exh. 15, pars. 4 & 5), the
SMC's Traffic Investigator-Inspector certified the roadworthiness of this White Truck trailer
prior to June 20, 1989 (Exh. 17). In addition to a professional driver's license, it also
conducts a rigid examination of all driver applicants before they are hired.

In the early morning of June 20, 1989, the White Truck driven by Dunca left Tuguegarao,
Cagayan bound to San Fernando, Pampanga loaded with 2,000 cases of empty beer
"Grande" bottles. Seated at the front right seat beside him was Ferdinand Domingo, his truck
helper ("pahinante" in Pilipino). At around 4:00 o'clock that same morning while the truck was
descending at a slight downgrade along the national road at Tagaran, Cauayan, Isabela, it
approached a damaged portion of the road covering the full width of the truck's right lane
going south and about six meters in length. These made the surface of the road uneven
because the potholes were about five to six inches deep. The left lane parallel to this
damaged portion is smooth. As narrated by Ferdinand Domingo, before approaching the
potholes, he and Dunca saw the Nissan with its headlights on coming from the opposite
direction. They used to evade this damaged road by taking the left lance but at that particular
moment, because of the incoming vehicle, they had to run over it. This caused the truck to
bounce wildly. Dunca lost control of the wheels and the truck swerved to the left invading the
lane of the Nissan. As a result, Dunca's vehicle rammed the incoming Nissan dragging it to
the left shoulder of the road and climbed a ridge above said shoulder where it finally
stopped. (see Exh. A-5, p. 8, record). The Nissan was severely damaged (Exhs. A-7, A-8, A-
9 and A-14, pp. 9-11 record), and its two passengers, namely: Feliciano Balcita and
Francisco Dy, Jr. died instantly (Exh. A-19) from external and internal hemorrhage and
multiple fractures (pp. 15 and 16, record).
 For the funeral expenses of Francisco Dy, Jr. her widow spent P651,360.00 (Exh. I-3). At the
time of his death he was 45 years old. He was the President and Chairman of the Board of
the Dynamic Wood Products and Development Corporation (DWPC), a wood processing
establishment, from which he was receiving an income of P10,000.00 a month. (Exh. D). In
the Articles of Incorporation of the DWPC, the spouses Francisco Dy, Jr. and Rosario Perez
Dy appear to be stockholders of 10,000 shares each with par value of P100.00 per share out
of its outstanding and subscribed capital stock of 60,000 shares valued at P6,000,000.00
(Exhs. K-1 & 10-B). Under its 1988 Income Tax Returns (Exh. J) the DWPC had a taxable
net income of P78,499.30 (Exh. J). Francisco Dy, Jr. was a La Salle University graduate in
Business Administration, past president of the Pasay Jaycees, National Treasurer and
President of the Philippine Jaycees in 1971 and 1976, respectively, and World Vice-
President of Jaycees International in 1979. He was also the recipient of numerous awards as
a civic leader (Exh. C). His children were all studying in prestigious schools and spent about
P180,000.00 for their education in 1988 alone (Exh. H-4).

As stated earlier, the plaintiffs' procurement of a writ of attachment of the properties of the
Corporation was declared illegal by the Court of Appeals. It was shown that on December
26, 1989, Deputy Sheriff Edgardo Zabat of the RTC at San Fernando, Pampanga, attached
six units of Truck Tractors and trailers of the Corporation at its garage at San Fernando,
Pampanga. These vehicles were kept under PC guard by the plaintiffs in said garage thus
preventing the Corporation to operate them. However, on December 28, 1989, the Court of
Appeals dissolved the writ (p. 30, record) and on December 29, 1989, said Sheriff reported
to this Court that the attached vehicles were taken by the defendant's representative, Melita
Manapil (Exh. O, p. 31, record). The defendant's general Manager declared that it lost
P21,000.00 per day for the non-operation of the six units during their attachment (p. 31,
t.s.n., Natividad C. Babaran, proceedings on December 10, 1990). 8

On June 6, 1992, the trial court rendered a joint decision, the dispositive portion of which reads as
follows:

WHEREFORE, in view of the foregoing considerations judgment is hereby rendered:

1. Finding the accused Romeo Dunca y de Tumol guilty beyond reasonable doubt of the
crime of Double Homicide through Reckless Imprudence with violation of the Motor Vehicle
Law (Rep. Act No. 4136), and appreciating in his favor the mitigating circumstance of
voluntary surrender without any aggravating circumstance to offset the same, the Court
hereby sentences him to suffer two (2) indeterminate penalties of four months and one day
of arresto mayor as minimum to three years, six months and twenty days as maximum; to
indemnify the Heirs of Francisco Dy. Jr. in the amount of P3,000,000.00 as compensatory
damages, P1,000,000.00 as moral damages, and P1,030,000.00 as funeral expenses;

2. Ordering the plaintiff in Civil Case No. Br. 19-424 to pay the defendant therein actual
damages in the amount of P84,000.00; and

3. Ordering the dismissal of the complaint in Civil Case No. Br. 19-424.

No pronouncement as to costs.

SO ORDERED.

Cauayan, Isabela, June 6, 1992.

 (Sgd.) ARTEMIO R. ALIVIA
Regional Trial Judge 9

On September 3, 1992, petitioner and the accused filed a notice of appeal from the joint
decision.  10

On the other hand, private respondents moved for amendment of the dispositive portion of the
joint decision so as to hold petitioner subsidiarily liable for the damages awarded to the
private respondents in the event of insolvency of the accused.  11

On October 26, 1992, the trial court rendered a supplemental decision amending the dispositive
portion by inserting an additional paragraph reading as follows:

2:A — Ordering the defendant Reyes Trucking Corporation subsidiarily liable for all the
damages awarded to the heirs of Francisco Dy, Jr., in the event of insolvency of the accused
but deducting therefrom the damages of P84,000.00 awarded to said defendant in the next
preceding paragraph; and . . . 12

On November 12, 1992, petitioner filed with the trial court a supplemental notice of appeal from the
supplemental decision.  13

During the pendency of the appeal, the accused jumped bail and fled to a foreign country. By
resolution dated December 29, 1994, the Court of Appeals dismissed the appeal of the accused in
the criminal case.  14

On January 6, 1997, the Court of Appeals rendered an amended decision affirming that of the
trial court, as set out in the opening paragraph of this decision.  15

On January 31, 1997, petitioner filed a motion for reconsideration of the amended decision.  16

On April 21, 1997, the Court of Appeals denied petitioner's motion for reconsideration for lack of
merit 17

Hence, this petition for review.  18

On July 21, 1997, the Court required respondents to comment on the petition within ten (10) days
from notice.  19

On January 27, 1998, the Solicitor General filed his comment.  On April 13, 1998, the Court granted
20 

leave to petitioner to file a reply and noted the reply it filed on March 11, 1998. 
21

We now resolve to give due course to the petition and decide the case.

Petitioner raises three (3) grounds for allowance of the petition, which, however, boil down to two (2)
basic issues, namely:

1. May petitioner as owner of the truck involved in the accident be held subsidiarily
liable for the damages awarded to the offended parties in the criminal action against
the truck driver despite the filing of a separate civil action by the offended parties
against the employer of the truck driver?
 2. May the Court award damages to the offended parties in the criminal case despite
the filing of a civil action against the employer of the truck driver; and in amounts
exceeding that alleged in the information for reckless imprudence resulting in
homicide and damage to property?  22

We grant the petition, resolving under the circumstances pro hac vice to remand the cases to
the trial court for determination of the civil liability of petitioner as employer of the accused driver in
the civil action quasi ex delicto re-opened for the purpose.

In negligence cases, the aggrieved party has the choice between (1) an action to enforce civil
liability arising from crime under Article 100 of the Revised Penal Code; and (2) a separate
action for quasi delict under Article 2176 of the Civil Code of the Philippines. Once the choice
is made, the injured party cannot avail himself of any other remedy because he may not
recover damages twice for the same negligent act or omission of the accused.  This is the 23 

rule against double recovery.

In other words, "the same act or omission can create two kinds of liability on the part of the
offender, that is, civil liability ex delicto, and civil liability quasi delicto" either of which "may be
enforced against the culprit, subject to the caveat under Article 2177 of the Civil Code that the
offended party can not recover damages under both types of liability."  24

In the instant case, the offended parties elected to file a separate civil action for damages
against petitioner as employer of the accused, based on quasi delict, under Article 2176 of
the Civil Code of the Philippines. Private respondents sued petitioner Rafael Reyes Trucking
Corporation, as the employer of the accused, to be vicariously liable for the fault or negligence of the
latter. Under the law, this vicarious liability of the employer is founded on at least two specific
provisions of law.

The first is expressed in Article 2176 in relation to Article 2180 of the Civil Code, which would allow
an action predicated on quasi-delict to be instituted by the injured party against the employer for an
act or omission of the employee and would necessitate only a preponderance of evidence to prevail.
Here, the liability of the employer for the negligent conduct of the subordinate is direct and primary,
subject to the defense of due diligence in the selection and supervision of the employee. The
enforcement of the judgment against the employer in an action based on Article 2176 does not
require the employee to be insolvent since the nature of the liability of the employer with that of the
employee, the two being statutorily considered joint tortfeasors, is solidary.  The second, predicated
25 

on Article 103 of the Revised Penal Code, provides that an employer may be held subsidiarily civilly
liable for a felony committed by his employee in the discharge of his duty. This liability attaches
when the employee is convicted of a crime done in the performance of his work and is found to be
insolvent that renders him unable to properly respond to the civil liability adjudged.  26

As regards the first issue, the answer is in the negative. Rafael Reyes Trucking Corporation, as
employer of the accused who has been adjudged guilty in the criminal case for reckless
imprudence, can not be held subsidiarily liable because of the filing of the separate civil
action based on quasi delict against it. In view of the reservation to file, and the subsequent filing
of the civil action for recovery of civil liability, the same was not instituted with the criminal
action. Such separate civil action was for recovery of damages under Article 2176 of the Civil Code,
arising from the same act or omission of the accused.  27

Pursuant to the provision of Rule 111, Section 1, paragraph 3 of the 1985 Rules of Criminal
Procedure, when private respondents, as complainants in the criminal action, reserved the
right to file the separate civil action, they waived other available civil actions predicated on
the same act or omission of the accused-driver. Such civil action includes the recovery of
indemnity under the Revised Penal Code, and damages under Articles 32, 33, and 34 of the Civil
Code of the Philippines arising from the same act or omission of the accused.  28

The intention of private respondents to proceed primarily and directly against petitioner as employer
of accused truck driver became clearer when they did not ask for the dismissal of the civil action
against the latter based on quasi delict.

Consequently, the Court of Appeals and the trial court erred in holding the accused civilly liable, and
petitioner-employer of the accused subsidiarily liable for damages arising from crime (ex delicto) in
the criminal action as the offended parties in fact filed a separate civil action against the employer
based on quasi delict resulting in the waiver of the civil action ex delicto.

It might be argued that private respondents as complainants in the criminal case withdrew the
reservation to file a civil action against the driver (accused) and manifested that they would pursue
the civil liability of the driver in the criminal action. However, the withdrawal is ineffective to reverse
the effect of the reservation earlier made because private respondents did not withdraw the civil
action against petitioner based on quasi delict. In such a case, the provision of Rule 111, Section 1,
paragraph 3 of the 1985 Rules on Criminal Procedure is clear that the reservation to file or the filing
of a separate civil action results in a waiver of other available civil actions arising from the same act
or omission of the accused. Rule 111, Section 1, paragraph 2 enumerated what are the civil actions
deemed waived upon such reservation or filing, and one of which is the civil indemnity under the
Revised Penal Code. Rule 111, Section 1, paragraph 3 of the 1985 Rules on Criminal Procedure
specifically provides:

A waiver of any of the civil actions extinguishes the others. The institution of, or the
reservation of the right to file, any of said civil actions separately waives the others.

The rationale behind this rule is the avoidance of multiple suits between the same litigants
arising out of the same act or omission of the offender. The restrictive phraseology of the
section under consideration is meant to cover all kinds of civil actions, regardless of their
source in law, provided that the action has for its basis the same act or omission of the
offender.  29

However, petitioner as defendant in the separate civil action for damages filed against it, based
on quasi delict, may be held liable thereon. Thus, the trial court grievously erred in dismissing
plaintiff's civil complaint. And the Court of Appeals erred in affirming the trial court's decision.
Unfortunately private respondents did not appeal from such dismissal and could not be granted
affirmative relief.  30

The Court, however, in exceptional cases has relaxed the rules "in order to promote their objectives
and assist the parties in obtaining just, speedy, and inexpensive determination of every action or
proceeding"  or exempted "a particular case from the operation of the rules." 
31  32

Invoking this principle, we rule that the trial court erred in awarding civil damages in the criminal case
and in dismissing the civil action. Apparently satisfied with such award, private respondent did not
appeal from the dismissal of the civil case. However, petitioner did appeal. Hence, this case should
be remanded to the trial court so that it may render decision in the civil case awarding damages as
may be warranted by the evidence.  33

With regard to the second issue, the award of damages in the criminal case was improper
because the civil action for the recovery of civil liability was waived in the criminal action by
the filing of a separate civil action against the employer. As enunciated in Ramos
vs. Gonong,  "civil indemnity is not part of the penalty for the crime committed." The only issue
34 

brought before the trial court in the criminal action is whether accused Romeo Dunca y de Tumol is
guilty of reckless imprudence resulting in homicide and damage to property. The action for recovery
of civil liability is not included therein, but is covered by the separate civil action filed against the
petitioner as employer of the accused truck-driver.

In this case, accused-driver jumped bail pending his appeal from his conviction. Thus, the judgment
convicting the accused became final and executory, but only insofar as the penalty in the criminal
action is concerned. The damages awarded in the criminal action was invalid because of its effective
waiver. The pronouncement was void because the action for recovery of the civil liability arising from
the crime has been waived in said criminal action.

With respect to the issue that the award of damages in the criminal action exceeded the amount of
damages alleged in the amended information, the issue is de minimis. At any rate, the trial court
erred in awarding damages in the criminal case because by virtue of the reservation of the right to
bring a separate civil action or the filing thereof, "there would be no possibility that the employer
would be held liable because in such a case there would be no pronouncement as to the civil liability
of the accused.  35

As a final note, we reiterate that "the policy against double recovery requires that only one action be
maintained for the same act or omission whether the action is brought against the employee or
against his employer.  The injured party must choose which of the available causes of action for
36 

damages he will bring.  37

Parenthetically, the trial court found the accused "guilty beyond reasonable doubt of the crime of
Double Homicide Through Reckless Imprudence with violation of the Motor Vehicle Law (Rep. Act
No. 4136)". There is no such nomenclature of an offense under the Revised Penal Code. Thus, the
trial court was misled to sentence the accused "to suffer two (2) indeterminate penalties of four (4)
months and one (1) day of arresto mayor, as minimum, to three (3) years, six (6) months and twenty
(20) days of prision correccional, as maximum." This is erroneous because in reckless imprudence
cases, the actual penalty for criminal negligence bears no relation to the individual willfull crime or
crimes committed, but is set in relation to a whole class, or series of crimes. 38

Unfortunately, we can no longer correct this judgment even if erroneous, as it is, because it has
become final and executory.

Under Article 365 of the Revised Penal Code, criminal negligence "is treated as a mere quasi
offense, and dealt with separately from willful offenses. It is not a question of classification or
terminology. In intentional crimes, the act itself is punished; in negligence or imprudence, what is
principally penalized is the mental attitude or condition behind the act, the dangerous recklessness,
lack of care or foresight, the imprudencia punible. Much of the confusion has arisen from the
common use of such descriptive phrase as "homicide through reckless imprudence", and the like;
when the strict technical sense is, more accurately, "reckless imprudence resulting in homicide"; or
"simple imprudence causing damages to property"."  39

There is need, therefore, to rectify the designation of the offense without disturbing the imposed
penalty for the guidance of bench and bar in strict adherence to precedent.

WHEREFORE, the Court GRANTS the petition and SETS ASIDE the amended decision and
resolution of the Court of Appeals in CA-G.R. CR No. 14448, promulgated on January 6, 1997, and
the joint decision of the Regional Trial Court, Isabela, Branch 19, Cauayan, in Criminal Case No. Br.
19-311 and Civil Case No. Br. 19-424, dated June 6, 1992.

IN LIEU THEREOF, the Court renders judgment as follows:

(1) In Criminal Case No. Br. 19-311, the Court declares the accused Romeo Dunca y de
Tumol guilty beyond reasonable doubt of reckless imprudence resulting in homicide and
damage to property, defined and penalized under Article 365, paragraph 2 of the Revised
Penal Code, with violation of the automobile law (R.A. No. 4136, as amended), and
sentences him to suffer two (2) indeterminate penalties of four (4) months and one (1) day
of arresto mayor, as minimum, to three (3) years, six (6) months and twenty (20) days
of prision correccional, as maximum,  without indemnity, and to pay the costs, and
40 

(2) In Civil Case No. Br. 19-424, the Court orders the case re-opened to determine the
liability of the defendant Rafael Reyes Trucking Corporation to plaintiffs and that of plaintiffs
on defendant's counterclaim.

No costs in this instance.

SO ORDERED.

Bellosillo, Melo, Kapunan, Buena, Gonzaga-Reyes, Ynares-Santiago and De Leon, Jr., JJ., concur.
Davide, Jr., C.J., Please see dissenting opinion.
Puno, J., I concur but pro hac vice.
Vitug, J., Please see separate opinion.
Mendoza, J., Please see my dissent.
Panganiban, J., In the result.
Quisumbing, J., Concur in separate opinion of J. Vitug.
Purisima, J., I join in the dissent of Mr. Justice Mendoza.