Heirs of Eduardo Simon Vs Elvin Chan
Heirs of Eduardo Simon Vs Elvin Chan
Heirs of Eduardo Simon Vs Elvin Chan
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* THIRD DIVISION.
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BERSAMIN, J.:
There is no independent civil action to recover the civil
liability arising from the issuance of an unfunded check
prohibited and punished under Batas Pambansa Bilang 22
(BP 22).
Antecedents
16
cient funds in or credit with the drawee bank for payment of such
check in full upon its presentment, which check when presented
for payment within ninety (90) days from the date thereof was
subsequently dishonored by the drawee bank for Account Closed
and despite receipt of notice of such dishonor, said accused failed
to pay said Elvin Chan the amount of the check or to make
arrangement for full payment of the same within five (5) banking
days after receiving said notice.
CONTRARY TO LAW.”1
“x x x
2. Sometime in December 1996 defendant employing fraud,
deceit, and misrepresentation encashed a check dated December
26, 1996 in the amount of P336,000.00 to the plaintiff assuring
the latter that the check is duly funded and that he had an
existing account with the Land Bank of the Philippines, xerox
copy of the said check is hereto attached as Annex “A”;
3. However, when said check was presented for payment the
same was dishonored on the ground that the account of the
defendant with the Land Bank of the Philippines has been closed
contrary to his representation that he has an existing account
with the said bank and that the said check was duly funded and
will be honored when presented for payment;
4. Demands had been made to the defendant for him to make
good the payment of the value of the check, xerox copy of the
letter of demand is hereto attached as Annex “B”, but despite such
demand defendant refused and continues to refuse to comply with
plaintiff’s valid demand;
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1 Rollo, p. 31.
2 Id., at pp. 3537.
17
“x x x
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action has already been made, first, by the fact that the
information for violation of B.P. 22 in Criminal Case No. 2753841
does not at all make any allegation of damages suffered by the
plaintiff nor is there any claim for recovery of damages; on top of
this the plaintiff as private complainant in the criminal case,
during the presentation of the prosecution evidence was not
represented at all by a private prosecutor such that no evidence
has been adduced by the prosecution on the criminal case to prove
damages; all of these we respectfully submit demonstrate an
effective implied reservation of the right of the plaintiff to file a
separate civil action for damages;
3. The defendant relies on Section 3 subparagraph (a) Rule
111 of the Revised Rules of Court which mandates that after a
criminal action has been commenced the civil action cannot be
instituted until final judgment has been rendered in the criminal
action; however, the defendant overlooks and conveniently failed
to consider that under Section 2, Rule 111 which provides as
follows:
In the cases provided for in Articles 31, 32, 33, 34 and
2177 of the Civil Code of the Philippines, an independent
civil action entirely separate and distinct from the criminal
action, may be brought by the injured party during the
pendency of criminal case provided the right is reserved as
required in the preceding section. Such civil action shall
proceed independently of the criminal prosecution, and
shall require only a preponderance of evidence.
In as much as the case is one that falls under Art. 33 of the Civil
Code of the Philippines as it is based on fraud, this action
therefore may be prosecuted independently of the criminal action;
4. In fact we would even venture to state that even without
any reservation at all of the right to file a separate civil action
still the plaintiff is authorized to file this instant case because the
plaintiff seeks to enforce an obligation which the defendant owes
to the plaintiff by virtue of the negotiable instruments law. The
plaintiff in this case sued the defendant to enforce his liability as
drawer in favor of the plaintiff as payee of the check. Assuming
the allegation of the defendant of the alleged circumstances
relative to the issuance of the check, still when he delivered the
check payable to bearer to that certain Pedro Domingo, as it was
payable to cash, the same may
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“x x x
After study of the arguments of the parties, the court resolves to
GRANT the Motion to Dismiss and the application to charge plaintiff’s
bond for damages.
For “litis pendentia” to be a ground for the dismissal of an action, the
following requisites must concur: (a) identity of parties or at least such as
to represent the same interest in both actions; (b) identity of rights
asserted and relief prayed for, the relief being founded on the same acts;
and (c) the identity in the two (2) cases should be such that the judgment,
which may be rendered in one would, regardless of which party is
successful, amount to res judicata in the other. x x x
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8 Id., at p. 56.
9 Id., at pp. 7679.
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“x x x
As a general rule, an offense causes two (2) classes of injuries. The
first is the social injury produced by the criminal act which is sought to
be repaired through the imposition of the corresponding penalty, and the
second is the personal injury caused to the victim of the crime which
injury is sought to be compensated through indemnity which is also civil
in nature. Thus, “every person criminally liable for a felony is also civilly
liable.”
The offended party may prove the civil liability of an accused arising
from the commission of the offense in the criminal case since the civil
action is either deemed instituted with the criminal action or is
separately instituted.
Rule 111, Section 1 of the Revised Rules of Criminal Procedure, which
became effective on December 1, 2000, provides that:
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(a) When a criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged shall be
deemed instituted with the criminal action unless the offended
party waives the civil action, reserves the right to institute it
separately or institute the civil action prior to the criminal action.
Rule 111, Section 2 further states:
After the criminal action has been commenced, the separate civil
action arising therefrom cannot be instituted until final judgment
has been entered in the criminal action.
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cles 32, 33, 34, and 2176 of the Civil Code; that the CA’s
reliance on the ruling in DMPI Employees Credit
Cooperative Inc. v. Velez14 stretched the meaning and
intent of the ruling, and was contrary to Sections 1 and 2 of
Rule 111 of the Rules of Criminal Procedure; that this case
was a simple collection suit for a sum of money, precluding
the application of Section 3 of Rule 111 of the Rules of
Criminal Procedure.15
In his comment,16 Chan counters that the petition for
review should be denied because the petitioners used the
wrong mode of appeal; that his cause of action, being based
on fraud, was an independent civil action; and that the
appearance of a private prosecutor in the criminal case did
not preclude the filing of his separate civil action.
Issue
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Ruling
A
Applicable Law and Jurisprudence on the
Propriety of filing a separate civil action
based on BP 22
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“x x x
Article 20 of the New Civil Code provides:
Every person who, contrary to law, wilfully or negligently
causes damage to another, shall indemnify the latter for the
same.
Regardless, therefore, of whether or not a special law so provides,
indemnification of the offended party may be had on account of
the damage, loss or injury directly suffered as a consequence of
the wrongful act of another. The indemnity which a person is
sentenced to pay forms an integral part of the penalty imposed by
law for the commission of a crime (Quemel v. Court of Appeals, 22
SCRA 44, citing Bagtas v. Director of Prisons, 84 Phil. 692). Every
crime gives rise to a penal or criminal action for the punishment
of the guilty party, and also to civil action for the restitution of the
thing, repair of the damage, and indemnification for the losses
(United States v. Bernardo, 19 Phil. 265).
x x x
Civil liability to the offended party cannot thus be denied. The
payee of the check is entitled to receive the payment of money for
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which the worthless check was issued. Having been caused the
damage, she is entitled to recompense.
Surely, it could not have been the intendment of the framers of
Batas Pambansa Blg. 22 to leave the offended private party
defrauded and emptyhanded by excluding the civil liability of the
offender, giving her only the remedy, which in many cases results
in a Pyrrhic victory, of having to file a separate civil suit. To do so
may leave the offended party unable to recover even the face
value of the check due her, thereby unjustly enriching the errant
drawer at the expense of the payee. The protection which the law
seeks to provide would, therefore, be brought to naught.
x x x”
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19 Cheng v. Sy, G.R. No. 174238, July 7, 2009, 592 SCRA 155, 164165.
20 Aldeguer v. Hoskyn, 2 Phil. 502; Ayala de Roxas v. Case, 8 Phil. 197.
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the court, the amount of such fees shall constitute a first lien on
the judgment.
3. Where the civil action has heretofore been filed separately
and trial thereof has not yet commenced, it may be consolidated
with the criminal action upon application with the court trying
the latter case. If the application is granted, the trial of both
actions shall
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21 Sec. 22, Art. III, 1987 Constitution; Cooley’s Principle of Constitutional Law,
p. 313.
22 Bold emphasis supplied.
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“x x x
We agree with the ruling of the Court of Appeals that upon
filing of the criminal cases for violation of B.P. 22, the civil action
for the recovery of the amount of the checks was also impliedly
instituted under Section 1(b) of Rule 111 of the 2000 Rules on
Criminal Procedure. Under the present revised Rules, the
criminal action for violation of B.P. 22 shall be deemed to include
the corresponding civil action. The reservation to file a separate
civil action is no longer needed. The Rules provide:
Section 1. Institution of criminal and civil actions.—
(a) x x x
(b) The criminal action for violation of Batas Pambansa
Blg. 22 shall be deemed to include the corresponding civil
action. No reservation to file such civil action separately
shall be allowed.
Upon filing of the aforesaid joint criminal and civil
actions, the offended party shall pay in full the filing fees
based on the amount of the check involved, which shall be
considered as the actual damages claimed. Where the
complaint or information also seeks to recover liquidated,
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23 G.R. No. 163597, July 29, 2005, 465 SCRA 454, 459461.
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Where the civil action has been filed separately and trial
thereof has not yet commenced, it may be consolidated with
the criminal action upon application with the court trying
the latter case. If the application is granted, the trial of both
actions shall proceed in accordance with section 2 of this
Rule governing consolidation of the civil and criminal
actions.
The foregoing rule was adopted from Circular No. 5797 of this
Court. It specifically states that the criminal action for violation of
B.P. 22 shall be deemed to include the corresponding civil action.
It also requires the complainant to pay in full the filing fees based
on the amount of the check involved. Generally, no filing fees are
required for criminal cases, but because of the inclusion of the
civil action in complaints for violation of B.P. 22, the Rules
require the payment of docket fees upon the filing of the
complaint. This rule was enacted to help declog court
dockets which are filled with B.P. 22 cases as creditors
actually use the courts as collectors. Because ordinarily no
filing fee is charged in criminal cases for actual damages,
the payee uses the intimidating effect of a criminal charge
to collect his credit gratis and sometimes, upon being paid,
the trial court is not even informed thereof. The inclusion
of the civil action in the criminal case is expected to
significantly lower the number of cases filed before the
courts for collection based on dishonored checks. It is also
expected to expedite the disposition of these cases. Instead
of instituting two separate cases, one for criminal and
another for civil, only a single suit shall be filed and tried.
It should be stressed that the policy laid down by the
Rules is to discourage the separate filing of the civil
action. The Rules even prohibit the reservation of a
separate civil action, which means that one can no longer
file a separate civil case after the criminal complaint is
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B
Aptness of the dismissal of the civil action
on the ground of litis pendentia
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28 Taningco v. Taningco, G.R. No. 153481, August 10, 2007, 529 SCRA
735.
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