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Virata vs Ochoa GR No.

L- 46179, January 31, 1978

Facts Arsenio Virata died as a result of having been bumped while walking along Taft Avenue, Pasay City by a passenger jeepney driven by Maximo orilla and registered in the name of Vi!toria "!hoa# An a!tion for homi!ide through re!kless impruden!e was hen instituted against orilla# The heirs of Arsenio also !ommen!ed a !ivil a!tion for damages based on $uasi%deli!t against orilla and "!hoa, resondents herein# &espondents filed a motion to dismiss on the ground that there is !riminal a!tionpending between the same parties for the same !ause# The trial !ourt a!$uitted the a!!used Maximo orilla on the ground that he !aused an injury by name a!!ident' and it granted respondents motion# (en!e this petition# !ssu" )"* the heirs of the Arsenio Virata, !an prose!ute an a!tion for the damages based on $uasi%deli!t against Maximo orilla and Vi!toria "!hoa, driver and owner, respe!tively on the passenger jeepney that bumped Arsenio Virata#

#"$% +es# ,n negligen!e !ases the aggrieved parties may !hoose between an a!tion under the &evised Penal Code or of $uasi%deli!t under Arti!le -./0 of the Civil Code of the Philippines# )hat is prohibited by Arti!le -.// of the Civil Code of the Philippines is to re!over twi!e for the same negligent a!t# The extin!tion of !ivil liability refereed to in Par# 1!2 of 3e!tion 4, &ule ..., refers ex!lusively to !ivil liability founded on Arti!le .55 of the &evised Penal Code, whereas the !ivil liability for the same a!t !onsidered as a $uasi%deli!t only and not as a !rime is not extinguished even by a de!laration in the !riminal !ase that the !riminal a!t !harged has not happened or has not been !ommitted by the a!!used# The a!$uittal of the driver, Maximo orilla, of the !rime !harged is not a bar to the prose!ution of Civil Case for damages based on $uasi%deli!t The sour!e of the obligation sought to be enfor!ed in Civil Case *o# %.46 is quasi-delict, not an a!t or omission punishable by law# 7nder Arti!le ..8/ of the Civil Code of the Philippines, $uasi%deli!t and an a!t or omission punishable by law are two different sour!es of obligation#