PEDRO ELCANO and PATRICIA ELCANO, in their capacity as Ascendants of Agapito

Elcano, deceased
vs.
REGINALD HILL, minor, and MARVIN HILL, as father and Natural Guardian of said minor
G.R. No. L-24803 May 26, 1977

Facts:

Reginald Hill, a minor, caused the death of Agapito (son of Elcano). Elcano filed acriminal
case against Reginald but Reginald was acquitted for lack of intent coupled with mistake.
Elcano then filed a civil action against Reginald and his dad (Marvin Hill) for damages
based on Article 2180 of the Civil Code. Hill argued that the civil action is barred by his
sons acquittal in the criminal case; and that if ever, his civil liability as a parent has been
extinguished by the fact that his son is already an emancipated minor by reason of his
marriage.
isSUE: Whether or not Marvin Hill may be held civilly liable under Article 2180.
HELD: Yes. The acquittal of Reginald in the criminal case does not bar the filing of a
separate civil action. A separate civil action lies against the offender in a criminal act,
whether or not he is criminally prosecuted and found guilty or acquitted, provided that the
offended party is not allowed, if accused is actually charged also criminally, to recover
damages on both scores, and would be entitled in such eventuality only to the bigger award
of the two, assuming the awards made in the two cases vary. In other words, the extinction
of civil liability referred to in Par. (e) of Section 3, Rule 111, refers exclusively to civil liability
founded on Article 100 of the Revised Penal Code, whereas the civil liability for the same
act considered as a quasi-delict only and not as a crime is not extinguished even by a
declaration in the criminal case that the criminal act charged has not happened or has not
been committed by the accused. Briefly stated, culpa aquiliana includes voluntary and
negligent acts which may be punishable by law.