Elcano vs.

Hill
G.R. No. L-24803 | 26 May 1977

Facts: Spouses Elcano filed a criminal complaint for the killing of their son Agapito against Reginald Hill.
The trial court dismissed the complaint because of lack of intent to kill coupled with mistake. Spouses
Elcano then filed a separate civil action against Agapito and Marvin for their civil liability arising from the
act complained of. Then Agapito/Marvin moved to dismiss the civil case on the ground that the civil
liability arising from crime does not exist because Agapito’s acquittal on the criminal case was found
lacking of intent coupled with mistake. Spouses Elcano appealed before the SC and contended that the
ground for the civil liability is based on quasi-delict under the civil code and not on civil liability arising
from crime under the RPC.

Issue: whether the civil liability for quasi-delict has extsinguished

Ruling: No, the acquittal of Reginald Hill in the criminal case has not extinguished his civil liability for
quasi-delict.

The preliminary chapter on human relations establishes separability and independence of liability in a civil
action for acts criminal in character under Arts 29 to 32 from civil responsibility arising from crime under
Art. 100 RPC.

Further, Art. 2176 of NCC, where it refers to fault or negligence, covers not only acts not punishable by
law but also acts criminal in character, whether intentional and voluntary or negligent. Culpa Aquiliana
includes voluntary and negligent acts which may be punishable by law (Barredo v. Garcia).

A separate civil action lies against the offender in a criminal act, whether criminally prosecuted and found
guilty or acquitted, provided that the offended party is not allowed to recover damages on both scores
and would be entitled to the bigger award of the two.

The extinction of civil liability in the criminal case refers EXCLUSIVELY to civil liability founded/grounded
on Art. 100 RPC. Whereas the civil liability for the same act considered as quasi-delict only and not as a
crime is not extinguished even by the declaration in the criminal case that the criminal act charged has
not happened or has not been committed by the accused.