Spouses Benito Lo Bun Tiong and Caroline Siok Ching Teng vs. Vicente Balboa

G.R. No. 158177, January 28, 2008; per Austria-Martinez, J.

Facts

On February 24, 1997, respondent Vicente Balboa filed with RTC Manila a civil case for collection of sum of money against spouses Benito Lo Bun Tiong and Caroline Siok Ching Teng. The amount sought covers three post-dated checks issued by petitioner Caroline.

On July 21, 1997, separate criminal complaints for violation of Batas Pambansa Blg. 22 (B.P. No. 22) were filed against Caroline before the Municipal Trial Court (MTC) of Manila. The cases were docketed as Criminal Case Nos. 277576 to 78. The MTC acquitted Caroline of the offenses charged for failure of the prosecution to prove her guilt beyond reasonable doubt but found Caroline civilly liable in favor of respondent for the amounts covered by the three checks.

Issue

Whether or not the Balboa's act of filing a civil action separately from the criminal action constitute forum-shopping

Ruling

The Supreme Court ruled that having the civil action instituted prior to the criminal action, then the Civil Case may proceed independently of the Criminal Cases, and there is no forum shopping to speak of. Section 1, Rule 111 of the Rules of Court provides that when a criminal action is instituted, the civil action for the recovery of civil liability is impliedly instituted with the criminal action, unless the offended party waives the civil action, reserves his right to institute it separately, or institutes the civil action prior to the criminal action. Such civil action includes the recovery of indemnity under the Revised Penal Code, and damages under Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines arising from the same act or omission of the accused.

Under this rule, an action for the recovery of civil liability arising from an offense charged is necessarily included in the criminal proceedings, unless (1) there is an express waiver of the civil action, or (2) there is a reservation to institute a separate one, or (3) the civil action was filed prior to the criminal complaint.