Samson Ching filed a case against Clarita Nicdao for bouncing checks. The trial court convicted Nicdao, but the Court of Appeals acquitted her finding she had paid her debts. Ching argued Nicdao still had civil liability despite acquittal, but the Supreme Court denied the petition. While an acquittal does not necessarily extinguish civil liability, in this case Nicdao's acquittal was based on a finding she did not commit the offense and her civil liability was not proven. The petition lacked merit.
Samson Ching filed a case against Clarita Nicdao for bouncing checks. The trial court convicted Nicdao, but the Court of Appeals acquitted her finding she had paid her debts. Ching argued Nicdao still had civil liability despite acquittal, but the Supreme Court denied the petition. While an acquittal does not necessarily extinguish civil liability, in this case Nicdao's acquittal was based on a finding she did not commit the offense and her civil liability was not proven. The petition lacked merit.
Samson Ching filed a case against Clarita Nicdao for bouncing checks. The trial court convicted Nicdao, but the Court of Appeals acquitted her finding she had paid her debts. Ching argued Nicdao still had civil liability despite acquittal, but the Supreme Court denied the petition. While an acquittal does not necessarily extinguish civil liability, in this case Nicdao's acquittal was based on a finding she did not commit the offense and her civil liability was not proven. The petition lacked merit.
Clarita Nicdao, owner of Vignette Superstore, contracted a loan from Emma Nuguid and Samson Ching in 1995. Payments were issued in the form of checks which was later denied because of insufficiency of funds, thus in 1997 11 information for violation of BP 22, The Bouncing Checks Law, was filed against Nicdao. The MCTC convicted Nicdao stating that the following elements are present in the case of respondent Nicdao’s issuance of the checks: (1) the making, drawing, and issuance of any check to apply to account or for value; (2) the issuer, maker or drawer has knowledge that said checking account has insufficient funds; and (3) subsequent dishonor of the check by the drawee bank for insufficiency of funds. And as such elements are explained in the violation of BP 22, the RTC also affirmed the said decision On the other hand the Court of Appeals acquitted Nicdao after the factual findings showed that Nicdao had already paid her debt in the total of Php5,780,000 to Nuguid. Also, Ching failed to adduce evidence to prove the existence of a previous transaction between him and the respondent. In addition to that with regards to the 20 million pesos check, the CA characterize the claim of Ching as incredible and contrary to human experience since no one would deliver the said amount to respondent Nicdao without any documentary proof thereof. Petitioner, Ching, contends that notwithstanding the acquittal of respondent, the SC has jurisdiction and authority to resolve and rule on her civil liability and that said liability is in the amount of Php 20,950,000. On the other hand, respondent Nicdao asserts that under Section 2(b), Rule 111 of the Revised Rules of Court, which provides that “except in the cases provided for in Section 3 hereof, after the criminal action has been commenced, the civil action which has been reserved cannot be instituted until final judgment in the criminal action x x x”
Issues: Whether or not a civil case may be instituted against Clarita Nicdao after her acquittal
Held: The general rule as provided in Rule 111 of the Revised Rules of Court is that an acquittal does not necessarily carry with it the extinguishment of the civil liability of the accused. Judgments of acquittal are required to state whether the evidence of the prosecution failed to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt. In either case, the judgment shall determine if the act or omission from which the civil liability might arise did not exist. From the foregoing, petitioner Ching correctly argued that he, as the offended party, may appeal the civil aspect of the criminal case notwithstanding the respondent Nicdao’s acquittal. However, a painstaking review of the case leads to the conclusion that respondent Nicdao’s acquittal likewise carried with it the extinction of the action to enforce her civil liability. There is simply no basis to hold respondent Nicdao civilly liable to petitioner Ching. First, the acquittal of respondent Nicdao is based on the finding that she did not commit the act penalized under BP 22. Second, the CA did not adjudge her to be civilly liable to petitioner Ching. And third, while petitioner Ching attempts to show that respondent Nicdao’s liability did not arise from or was not based upon the criminal act of which she was acquitted but from her loan obligations to him, however, petitioner Ching miserably failed to prove by preponderant evidence the existence of these unpaid loans.