Elcano v. Hill (G.R. No.

L-24803)
May 26, 1977

FACTS:

Reginald Hill was accused of killing Agapito Elcano.

Hill was subsequently acquitted on the ground that his
act was not considered criminal because of "a lack of
intent to kill, coupled with a mistake."

Pedro Elcano, the father of the victim Agapito,

filed a case for the recovery of damages instead against
Reginald and his father, Marvin Hill, before the Court of
First Instance of Quezon City.

The Hills filed a motion to dismiss, alleging, among

other things, that the action is barred by a prior
judgment that is now final and or in res adjudicata. The
Court of First Instance granted the motion. Hence, the
instant petition.

 
ISSUE:

Whether the action for recovery of damages by the

Elcanos is barred by the acquittal of Reginald Hill in
the criminal case filed against him. -- NO.

HELD:

The acquittal of Reginald Hill does not extinguish

his liability for quasi-delict, and the acquittal is not
a bar to a civil action for damages.

Under Art. 2177, acquittal from an accusation of

criminal negligence shall not be a bar to a subsequent
civil action, nor for civil liability arising from
criminal negligence, but for damages due to a quasi-
delict, or culpa aquiliana.

Art. 2177 means that a separate civil action lies

against the offender in a criminal act, whether or not he
is criminally prosecuted and found guilty or acquitted,
provided that the offended party is not allowed, if he is
actually charged also criminally, to recover damages on
both scores and would be entitled in such an eventuality
only to the bigger award of the two, assuming the awards
made in the two cases vary.

Culpa acquiliana includes voluntary and negligent

acts that may or may not be punished by law.

In the case of Barredo vs. Garcia, the Supreme Court

held that a negligent act can result in civil liability
under the Penal Code and the Civil Code. In that case,
the court said that an act of negligence may be the
proper subject matter either of a criminal action with
its consequent civil liability arising from a crime or of
an entirely separate and independent civil action for
fault or negligence under the Civil Code (1902).