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, petitioner
v People of the Philippines, respondent
Ponente: Panganiban
G.R. No. 147703, April 14, 2004
Facts:
This is a petition for review under rule 45 of the rules of court assailing
resolutions of CA. Petitioner's appeal from the judgment of the RTC of San
Fernando, La Union in Criminal Case No. 2535 was dismissed.
On July 1994 accused Macadangdang was found guilty and convicted of the
crime of reckless imprudence resulting to triple homicide, multiple physical
injuries and damage to property and was sentenced to suffer the penalty. The
court ruled that rabbit bus lines shall be liable for the civil liabilities of the
accused in the event of the accused insolvency. Evidently, the judgment
against the accused had become final and executory.
Then the accused jumped bail, worth mentioning that rule 8, rule 124 of the
rules of court authorizes the dismissal of appeal when appellant jumps bail.
The counsel for accused hired by rabbit bus lines filed a notice of appeal
which was denied by the trial court.
The CA ruled that the institution of a criminal case implied the institution also
of the civil action arising from the offense. Making the subsidiary civil liability
of the bus line becomes conclusive and enforceable.
Section 8 of rule 124 provides: "the court appeals may also, upon motion of
the appellee dismiss the appeal if the appellant escapes from prison or
confinement, jumps bail or flees to a foreign country during pendency of the
appeal" The accused cannot be accroded right to apeal unless they
voluntarily submit to the jurisdiction of the court or are otherwise arrested
within 15days from notice of the judgment against them. They cannot seek
relief from the court, as they are deemed to have waived the appeal.
Civil Actions are deemed instituted in a criminal prosecution. but rabbit bus
line is not a direct party to the criminal case. While they may assist their
employees, the employer cannot act independently on their own behalf, but
can only defend the accused.
Petition denied.