ASELA P. TACTAQUIN, PLAINTIFF AND APPELLANT, VS. JOSE B. PALILEO, DEFENDANT AND APPELLEE.

Our resolution of December 29, 1967 set aside our ori­ginal decision
and directed that this case be remanded below for further proceedings.

Before Us now is a motion for reconsideration filed by appellee
wherein it is alleged for the first time that in connection with the P4,000.00
indemnity awarded to appellant in the decision rendered in Criminal Case No.
4736 of the Court of First Instance of Bulacan, appellee has already served the
corresponding subsidiary penalty of imprisonment.  Upon this ground he claims that, to entertain
the separate action for damages we ordered remanded to the lower court, would
allow appellant to collect damages twice for one and the same act.

We find no merit in appellee’s contention, for the reason that the fact that he has already served
subsidiary imprisonment in relation to the indemnity awarded to appellant in
the criminal case
mentioned above – which award
We declared void in our resolution of December 29, 1967 – may be pleaded by him
in a supplemental answer, for the trial to determine whether or not, out of
equitable considerations, it should be taken into account to reduce the damages
that may be awarded to the herein appellant.

WHEREFORE, appellee’s motion for reconsideration is
denied.

Reyes, Acting C.J., Makalintal, Bengzon, Zaldivar, Sanchez,
Castro, Angeles, and Fernando, JJ., concur.