Hun Hyung Park vs. Eung Won Choi

G.R. No. 165496, February 12, 2007; per Carpio Morales, J.

Facts

Herein petitioner Hun Hyung Park (Park) filed a criminal action against the Eung Won Choi (Choi) for violation of BP 22 to the Metropolitcal Trial Court (MeTC). Choi filed a demurred to evidence with leave of court assailing that Park failed to prove that he received the notice of dishonor, hence, the presumption of the element of knowledge of insufficiency of funds did not arise. MeTC granted the demurrer to evidence of the Choi.

After denying his Motion for Reconsideration, Park appealed to the Regional Trial Court (RTC). The court held that while the evidence presented was insufficient to prove Choi’s criminal liability, it did not altogether extinguish his civil liability. It accordingly granted the appeal of Park and ordered Choi to pay him the amount of ₱1,875,000 with legal interest. Upon Choi’s motion for reconsideration, however, the RTC set aside its decision and ordered the remand of the case to the MeTC “for further proceedings, so that the Choi may adduce evidence on the civil aspect of the case.”

Park’s motion for reconsideration of the remand of the case having been denied, he elevated the case to the CA which, by the assailed resolutions, dismissed his petition for faulty appeal requisite.

Issue

Whether or not the dismissal of the Criminal complaint also dismisses the Civil Complaint with finality

Ruling

The Supreme Court ruled that a judgment of acquittal is immediately final and executory and the prosecution cannot appeal the acquittal because of the constitutional prohibition against double jeopardy.

Either the offended party or the accused may, however, appeal the civil aspect of the judgment despite the acquittal of the accused. The public prosecutor has generally no interest in appealing the civil aspect of a decision acquitting the accused. The acquittal ends his work. The civil action based on delict may, however, be deemed extinguished if there is a finding on the final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist.