It is an established rule in criminal procedure that a
judgment of acquittal shall state whether the evidence of the prosecution
absolutely 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.(Id.) When the exoneration is merely due to
the failure to prove the guilt of the accused beyond reasonable doubt, the
court should award the civil liability in favor of the offended party in the
same criminal action. (Id.) In other
words, the “extinction of the penal action does not carry with it the extinction
of civil liability unless the extinction proceeds from a declaration in a final
judgment that the fact from which the civil [liability] might arise did not
exist.” (Calalang v.
Intermediate Appellate Court, G.R. No. 74613, February 27, 1991, 194 SCRA 514,
523-524.) In Banal v. Tadeo, Jr., 240 Phil. 326, 331 (1987), the Supreme Court elucidated on the civil liability of the accused
despite his exoneration in this wise:
While an act
or omission is felonious because it is punishable by law, it gives rise to
civil liability not so much because it is a crime but because it caused damage
to another. Viewing things
pragmatically, we can readily see that what gives rise to the civil liability
is really the obligation and moral duty of everyone to repair or make whole the
damage caused to another by reason of his own act or omission, done
intentionally or negligently, whether or not the same be punishable by law. x x
x
Simply
stated, civil liability arises when one,
by reason of his own act or omission, done intentionally or negligently, causes
damage to another. Hence, for
petitioner to be civilly liable to spouses Alonto, it must be proven that the
acts he committed had caused damage to the spouses. (FELIXBERTO
A. ABELLANA VS. PEOPLE OF THE PHILS. ET AL., G.R. NO. 174654, AUGUST 17, 2011, DEL CASTILLO, J.).
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