VICENTE ALDABA, ET AL., PLAINTIFFS AND APPELLANTS, VS. HON. ARTEMIO ELEPAÑO, JUSTICE OF THE PEACE OF LOS BAÑOS, LAGUNA, NORBERTO PALIS, CIRIACO LAWAS AND CASIMIRO SIMPAO, DEFEND…

On 18 March 1959 in the Justice of the Peace Court of Los Baños, Laguna,
Vicente Aldaba charged Norberto Palis, Ciriaco Lawas and Casimiro Simpao with
the crime of trespass (crim. case No. 351). Norberto Palis is an assistant to
the president of the Los Baños Colleges. The other two were helping him deliver
materials, like gravel and sand, for a building that was being constructed on a
parcel of land adjoining that owned by the complainant. The three defendants
admit that they entered the complainant’s fenced estate and cut down eight
banana stalks therein, but they did so with the permission given by Ninay
Estrada who was the caretaker of the complainant’s premises and with the
understanding that the value of the stalks cut down would be paid by them. After
trial, on 12 May 1959 Justice of the Peace Artemio Elepaño acquitted them for
lack of sufficient evidence to prove their guilt beyond reasonable doubt but
held that “the mistake of the accused Norberto Palis, although it has been said
to be not criminal one, does not preclude the possibility of liability for
damages caused by his erroneous judgment, the nature and extent of which can be
resolved in a civil claim.” The complainant thought that by not sentencing in
the same criminal action the three accused to pay him civil damages in the sum
of P500, the Justice of the Peace Artemio Elepaño had rendered an unjust
decision that caused him (the complainant) mental anguish or moral damages
equivalent to P1,000. So, the latter filed a complaint dated 22 June 1959
praying that the defendant Justice of the Peace Artemio Elepaño be ordered to
pay him P1,000 as moral damages and together with his three co-defendants,
jointly and severally, the sum of P500 for damage to his property, and the
costs; and that he be granted other just and equitable remedy (civil case No.
25). Upon a motion ex-parte dated 29 June 1959 filed by the plaintiff,
the defendant Justice of the Peace disqualified himself to hear and decide the
case and forwarded the record thereof to the Court of First Instance of Laguna
for designation of another Justice of the Peace in his stead. On 2 July 1959 the
defendants Norberto Palis, Ciriaco Lawas and Casimiro Simpao filed an answer
admitting that they cut down in the plaintiff’s premises eight banana stalks
valued at P2.00 each. On 22 July 1959 the defendant Justice of the Peace moved
for the dismissal of the complaint, for lack of a cause of action against him,
he having acquitted his three co-defendants of the crime of trespass without
holding them civilly liable, in the exercise of his judicial functions, powers
and jurisdiction as a Justice of the Peace of Los Baños, Laguna. On 31 July 1959
the plaintiff objected to the motion to dismiss. After hearing the motion to
dismiss, on 7 August 1959 Justice of the Peace Domingo M. Angeles of Calamba,
who was designated to hear and decide the civil case, entered an order
dismissing the case as against the defendant Justice of the Peace and setting
the case for hearing on 18 July 1959 at 2:00 p.m. as regards the other three
defendants. His motion for reconsideration having been denied on 20 August 1959,
the plaintiff on 24 August 1959 appealed to the Court of First Instance of
Laguna. On 23 August 1959 the plaintiff died and his heirs substituted him as
plaintiffs. In the Court of First Instance of Laguna the defendant Justice of
the Peace reiterated his motion for the dismissal of the complaint. After
hearing, on 10 December 1959 the court ordered the case as against the defendant
Justice of the Peace dismissed, without costs. From the order of dismissal, the
plaintiffs have appealed to this Court on a pure question of law.

The appellants contend that, as their claim for civil liability arising from
the crime of trespass is included in the criminal action, for they did not
expressly waive or reserve the right to bring a separate or independent civil
action, the defendant Artemio Elepaño as Justice of the Peace rendered an unjust
judgment in not ordering in criminal action the three accused to pay them the
sum of P500 as damages caused to their properties. As a legal ground for their
right to recover damages in the sum of P1,000 from the appellee Justice of the
Peace and actual damages in the sum of P500 from him and the three other
defendants jointly and severally, the appellants invoke the provision of article
27 of the Civil Code which reads as follows:

Any person suffering material or moral loss because a public servant or
employee refuses or neglects without just cause, to perform his official duty
may file an action for damages and other relief against the latter, without
prejudice to any disciplinary administrative action that may be
taken.

On the other hand, the appellee maintains otherwise.

In the case of People vs. Mamerto S. Miranda, G. R. No. L-17389, 31 August
1962, this Court held that—

Verily, the findings of the trial court on the matter of civil liability is
inconsistent with the non-existence of the criminal act charged in the
information * * *.

Such being the case, a Justice of the Peace who does not order an accused to
pay civil damages arising from a criminal offense of which he has been
acquitted, despite proof of those civil liabilities, cannot be held civilly
liable or answerable for damages.

The order appealed from is affirmed, with costs against the appellants.

Bengzon, C. J., Bautista Angelo, Labrador, Concepcion, Reyes, J. B. L.,
Barrera, Paredes, and Makalintal, JJ., concur.