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G.R. No. 122150
March 17, 2003 Mga sumusubaybay (0)

FACTS: Sundin

Herein respondent filed a complaint for damages against respondent for the injuries and
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expenses he sustained when the latter’s truck bumped him that night of December 9,
1985. ▼ 2011 (51)
► March (2)
However, the criminal case (Serious Physical Injuries thru Reckless Imprudence) filed
▼ February (49)
previously against the respondent was dismissed by the court for petitioner’s lack of
interest. EMMA ADRIANO
BUSTAMANTE, in her own
behalf as Guar...
Respondent alleges that the dismissal of criminal case includes that of the civil action.
JARCO MARKETING
CORPORATION,
LEONARDO KONG, JOSE
Trial Court rendered decision in favor of petitioner, T...
CHINA AIR LINES, LTD.,
Court of Appeals reversed the decision, on the grounds that the Hambon failed to file the petitioner, 
vs.
COURT OF A...
civil case. Hence, it is impliedly instituted with the Criminal case. The dismissal of the EQUATORIAL REALTY
criminal case also includes the dismissal of the civil case. DEVELOPMENT, INC. &
CARMELO & BA...
ISSUE: ANG YU ASUNCION, ARTHUR
WHETHER OR NOT A CIVIL CASE FOR DAMAGES BASED ON AN INDEPENDENT GO AND KEH TIONG vs
THE H...
CIVIL ACTION FALLING UNDER ARTICLE 32, 33, 34 AND 2176 OF THE NEW CIVIL
CODE BE DULY DISMISSED FOR FAILURE TO MAKE RESERVATION TO FILE A LINA MONTILLA vs COURT OF
APPEALS and EMILIO
SEPARATE CIVIL ACTION IN A CRIMINAL CASE FILED ARISING FROM THE SAME
ARAGO...
ACT OR OMISSION OF THE ACCUSED PURSUANT TO RULE 111, SECTION 1 OF
THE RULES OF COURT, THE FAILURE TO MAKE RESERVATION BEING DUE TO THE NICOLAS SANCHEZ vs
SEVERINA RIGOS
FACT THAT THE CRIMINAL CASE WAS DISMISSED BEFORE THE PROSECUTION
STARTED TO PRESENT EVIDENCE FOR FAILURE OF THE PRIVATE COMPLAINANT SPOUSES JULIO D.
VILLAMOR AND MARINA
TO APPEAR DESPITE NOTICE VILLAMOR vs T...
ANTONIO ENRIQUEZ DE LA
HELD: CAVADA vs ANTONIO DIAZ
ROSARIO CARBONELL,
1quite clearly requires that a reservation must be made to institute separately all civil
petitioner, 
vs.
HONORABLE
actions for the recovery of civil liability, otherwise they will de deemed to have been COUR...
instituted with the criminal case.... In other words the right of the injured party to sue
JOSE SANTA ANA, JR. and
separately for the recovery of the civil liability whether arising from crimes (ex delicto) or LOURDES STO. DOMINGO,
from quasi-delict under Art. 2176 of the Civil Code must be reserved otherwise they will de peti...
deemed instituted with the criminal action. VICTORIA R. VALLARTA,
Petitioner, vs. THE
HONORABL...
Contrary to private respondent's contention, the requirement that before a separate civil
action may be brought it must be reserved does not impair, diminish or defeat substantive PERFECTO DY, JR. petitioner,
rights, but only regulates their exercise in the general interest of procedure. The vs. COURT OF APPEALS,...
requirement is merely procedural in nature. For that matter the Revised Penal Code, by CALIXTO PASAGUI and
providing in Art. 100 that any person criminally liable is also civilly liable, gives the FAUSTA MOSAR, plaintiffs-
appel...
offended party the right to bring a separate civil action, yet no one has ever questioned the
rule that such action must be reserved before it may be brought separately. A. ADDISON, plaintiff-appellant,

vs.
MARCIANA FEL...

While the Abellana case ruled that a reservation is not necessary, the 1988 amendment of BUKIDNON DOCTORS
HOSPITAL VS
the rule explicitly requires reservation of the civil action. METROPOLITANT BANK
T...
x x x Prior reservation is a condition sine qua non before any of these independent civil EDCA PUBLISHING &
actions can be instituted and thereafter have a continuous determination apart from or DISTRIBUTING CORP. vs.
simultaneous with the criminal action. THE SPOUS...
SOTERA PAULINO MARCELO,
GABRIELA M. ANGELES,
. . . Far from altering substantive rights, the primary purpose of the reservation is, to SIMEO...
borrow the words of the Court in "Caños v. Peralta":
FERNANDA MENDOZA
CEQUEÑA and RUPERTA
‘. . . to avoid multiplicity of suits, to guard against oppression and abuse, to prevent MENDOZA LIRIO...
delays, to clear congested dockets, to simplify the work of the trial court; in short, the Dreamwork Construction VS.
attainment of justice with the least expense and vexation to the parties-litigants. Janiola
Casupanan vs Laroya
Thus, herein petitioner Hambon should have reserved his right to separately institute the
People vs Aragon
civil action for damages in Criminal Case No. 2049. Having failed to do so, Civil Case No.
1761-R for damages subsequently filed by him without prior reservation should be Hambon vs CA
dismissed. With the dismissal of Criminal Case No. 2049, whatever civil action for the Lintojua Shipping Company Inc
recovery of civil liability that was impliedly instituted therein was likewise dismissed.chan VS National Seaman B...
robles virtual law library Trans-Asia Shipping Lines, Inc.
VS Court of Appeal...

WHEREFORE, the instant petition for review on certiorari is hereby DENIED for lack of Lintojua Shipping Company Inc
VS National Seaman B...
merit, and the decision of the Court of Appeals dated March 8, 1995, is AFFIRMED in toto
DSR-Senator Lines and C.F.
Sharp and Company, INC....
CHUA YEK HONG vs.
INTERMEDIATE
APPELLATE COURT, M...
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