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    Garcia Vs Ferro Chemicals

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    Eliza Fe Rojas
    This case involves a dispute over shares of stock that were sold. Garcia was criminally charged with estafa but acquitted by the trial court. Ferro Chemicals appealed the acquittal. The Supreme Court had to determine: 1) If Ferro Chemicals committed forum shopping by appealing both the criminal acquittal and filing a separate civil case, and 2) If the civil case could proceed independently of the criminal case. The Supreme Court ruled that by appealing the criminal acquittal, Ferro Chemicals impliedly appealed the civil liability, so pursuing a separate civil case would be forum shopping. However, a separate civil case could proceed if the right to file one was reserved prior to the criminal case.

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    Garcia Vs Ferro Chemicals

    Uploaded by

    Eliza Fe Rojas
    108 views1 page
    This case involves a dispute over shares of stock that were sold. Garcia was criminally charged with estafa but acquitted by the trial court. Ferro Chemicals appealed the acquittal. The Supreme Court had to determine: 1) If Ferro Chemicals committed forum shopping by appealing both the criminal acquittal and filing a separate civil case, and 2) If the civil case could proceed independently of the criminal case. The Supreme Court ruled that by appealing the criminal acquittal, Ferro Chemicals impliedly appealed the civil liability, so pursuing a separate civil case would be forum shopping. However, a separate civil case could proceed if the right to file one was reserved prior to the criminal case.

    Original Title

    Garcia-vs-Ferro-Chemicals

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    This case involves a dispute over shares of stock that were sold. Garcia was criminally charged with estafa but acquitted by the trial court. Ferro Chemicals appealed the acquittal. The Supreme Court had to determine: 1) If Ferro Chemicals committed forum shopping by appealing both the criminal acquittal and filing a separate civil case, and 2) If the civil case could proceed independently of the criminal case. The Supreme Court ruled that by appealing the criminal acquittal, Ferro Chemicals impliedly appealed the civil liability, so pursuing a separate civil case would be forum shopping. However, a separate civil case could proceed if the right to file one was reserved prior to the criminal case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    108 views1 page

    Garcia Vs Ferro Chemicals

    Uploaded by

    Eliza Fe Rojas
    This case involves a dispute over shares of stock that were sold. Garcia was criminally charged with estafa but acquitted by the trial court. Ferro Chemicals appealed the acquittal. The Supreme Court had to determine: 1) If Ferro Chemicals committed forum shopping by appealing both the criminal acquittal and filing a separate civil case, and 2) If the civil case could proceed independently of the criminal case. The Supreme Court ruled that by appealing the criminal acquittal, Ferro Chemicals impliedly appealed the civil liability, so pursuing a separate civil case would be forum shopping. However, a separate civil case could proceed if the right to file one was reserved prior to the criminal case.

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    © All Rights Reserved
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    Garcia vs Ferro Chemicals, Inc. (G.R. No. 172505.

    October 1, 2014)

    Every person criminally liable for a felony is also civil liable. The acquittal of an accused of the crime charged,
    however, does not necessarily extinguish civil liability.

    Facts :

    In July 1988, Antonio Garcia (seller) and Ferro Chemicals, Inc., through Ramon Garcia (buyer) entered into a deed of
    absolute sale and purchase of shares of stocks. The contract was entered into to prevent the shares from being sold at
    public auction to pay the outstanding obligations of Mr. Garcia. The shares of stocks was one class “A” share in
    Alabang Country Club, Inc., and one proprietary membership in the Manila Polo Club, Inc., under the name of Antonio
    Garcia. However, the said shares were sold at public auction under the Philippine Investment System Organization.

    Ferro Chemicals field against Antonio Garcia. Garcia was charged with estafa under Article 318 (Other Deceits) of the
    Revised Penal Code for allegedly misrepresenting to Ferro Chemicals, Inc. that the shares subject of the contracts
    entered into were free from all liens and encumbrances.

    RTC acquitted Antonio Garcia for insufficiency of evidence. Ferro Chemicals filed a motion for reconsideration, which
    was denied by the RTC in July 29, 1997. In August 25, 1997, Ferro Chemicals, Inc. appealed to the CA, entitled,
    “Notice of Appeal Ex Gratia Abudantia Ad Cautelam (Of The Civil Aspect of the Case)," as to the civil aspect of the
    case.

    On October 15, 1997, the Makati Prosecutor’s Office and Ferro Chemicals, Inc. also filed a petition with the SC,
    assailing the decision of the RTC acquitting Antonio Garcia. Ramon Garcia, President of Ferro Chemicals, Inc., signed
    the verification and certification of non-forum shopping of the petition for certiorari. In its resolution dated November 16,
    1998, the SC dismissed the petition for certiorari and an entry of judgement was made on December 24, 1998.

    On the other hand, the CA on August 11, 2005, awarded Ferro Chemicals, Php1M as actual loss with legal interest and
    attorney’s fees in the amount of Php20,000. The CA found that Antonio Garcia failed to disclose the Philippine
    Investment and Savings Organization’s lien over the club shares.

    Mr. Garcia filed a petition for review on certiorari, assailing the decision and resolution of the CA.

    Issue/s :

    1. Whether of not the act of Ferro Chemicals, Inc. in filing the Notice of Appeal before the CA and the Certiorari
    assailing the same trial court decision amounted to forum shopping; and
    2. Whether or not the civil action can proceed independently of the criminal case.

    Ruling :

    If the state pursues an appeal on the criminal aspect of a decision of the trial court acquitting the accused and private
    complainant/s failed to reserve the right to institute a separate civil action, the civil liability ex delicto that is inherently
    attached to the offense is likewise appealed. The appeal of the civil liability ex delicto is impliedly instituted with the
    petition for certiorari assailing the acquittal of the accused. Private complainant cannot anymore pursue a separate
    appeal from that of the state without violating the doctrine of non-forum shopping.

    Nota Bene : The conclusion is different if private complainant reserved the right to institute the civil action for the
    recovery of civil liability ex delicto before the Regional Trial Court or institute a separate civil action prior to the filing of
    the criminal case in accordance with Rule 111 of the Rules of Court. In these situations, the filing of an appeal as to the
    civil aspect of the case cannot be considered as forum shopping.

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