Banal vs. Tadeo
Facts:
The Petitioner is one of the complainants in the criminal cases filed against Rosario Claudio. Claudio is charged with 15 separate informations for violation of BP22. Claudio pleaded not guilty upon arraignment. Petitioner moved to intervene through a private prosecutor but it was rejected by respondent judge on the ground that the charge is for the violation of Batas Pambansa Blg. 22 which does not provide for any civil liability or indemnity and hence, “it is not a crime against property but public order.” Petitioner filed a motion for reconsideration but was denied by the respondent judge.
Issue:
Issue:
Whether or not a private prosecutor may intervene in the prosecution.
Held:
Yes. Under Art. 100 of the RPC, ‘every person criminally liable for a felony is also civilly liable.’ Thus a person committing a felony offends (1) the society in which he lives in or the political entity whose law he had violated;and (2) the individual member of that society whose person, right, honor, chastity or property was actually or directly injured or damaged by the same punishable act of omission.While an act or omission is felonious because it is punishable by law, it gives rise to civil liability not so much because it is a crime but because it caused damage to another. We can readily see that what gives rise to the civil liability is really the obligation and the moral duty of everyone to repair or make whole the damage caused to another by reason of his own act or omission,done intentionally or negligently, whether or not the same be punishable by law. Criminal liability will give rise to civil liability only if the same felonious act or omission results in damage or injury to another and is the direct and proximate cause thereof. Article 20 of the New Civil Code provides:“Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.”Regardless, therefore, of whether or not a special law so provides,indemnification of the offended party may be had on account of the damage, loss or injury directly suffered as a consequence of the wrongful act of another.
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