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Canos Vs
Canos Vs
Canos Vs
Padua
FACTS: This case originated in Digos, Davao del Sur, involving the late Dr. Rodolfo
Caos, who owned the Caos Hospital there. The respondent here was former CFI
Judge Elvino Peralta. There was an incident which led to the filing of a criminal case
by Caos. He reserved the right to file a separate civil action under the rules on
criminal procedure. Caos filed a separate civil case, but arising out of the same
incident. Both of the cases were assigned to Judge Peralta.
When Judge Peralta noticed that the 2 actions arose out of the same incident and
the accused in the criminal case is also the defendant in the civil case, and the
offended party in the criminal case is the plaintiff in the civil case, he ordered the
consolidation of the 2 cases under Rule 31, Section 1, to be tried together.
Dr. Caos objected to the consolidation because according to his lawyer,
consolidation of cases under Rule 31, Section 1 applies only when there are 2 or
more civil cases to be considered.
ISSUE:
1: Was the consolidation proper?
2: How do you reconcile these cases because the degree of proof in the criminal
case is not the same in the civil case?
HELD:
1. The order of consolidation is correct. Rule 31, Section 1 allows the consolidation
of a criminal and civil case because of the fact that there is a common question of
fact or law between them and that they are pending before the same court. As a
matter of fact, before the same judge.
2. The consolidation was proper under Rule 31 because there is a common question
of fact and law. They can be consolidated but for purposes of decision, the court will
now apply two (2) different criteria: Proof beyond reasonable doubt in the criminal
case and preponderance of evidence in the civil case. So there is no incompatibility.
determine the existence of any of the elements of the charge of bigamy. A decision
thereon is not essential to the determination of the criminal charge. It is, therefore,
not a prejudicial question.