G.R. No. L-8724. April 13, 1956

PABLO ESPANOLA, PETITIONER, VS. VICENTE T. SINGSON, ET AL., RESPONDENTS.

Decisions / Signed Resolutions April 13, 1956 LABRADOR, J.:
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LABRADOR, J.:


Petitioner  Pablo Espanola  is the offended party in two criminal  cases pending in the justice  of  the peace  court of Aritao, Nueva  Vizcaya,  Nos.  120  and   121, for less serious physical injuries and oral defamation, respectively. The accused  in said criminal cases are the municipal mayor, a councilor and some policemen of the town.  When  these two criminal cases were called for trial before the Justice of the Peace, respondent Vicente T. Singson, the accused challenged the right of counsel for petitioner to  appear in the trial, alleging that  petitioner had expressly reserved his right to present an independent civil action for damages arising from the offenses charged.  Respondent Justice of the Peace sustained the objection of the accused, and upon  denial  by him of a motion for reconsideration, the petitioner instituted the present action for  certiorari to annul the order  of the  respondent Justice of the Peace denying him the right to  appear  by counsel in the said criminal cases.

The petition must be  denied following our recent decision in the case of Gorospe, et  al. vs. Gatmaitan.et al., .supra, p. 600, where we said through Mr. Justice Bautista:

“It therefore appears from the foregoing that an offended party loses Ms right to intervene in the prosecution of  a criminal case, not only when he has waived the civil action or expressly reserved his  right to institute  it, but also when he has actually instituted the  civil action even if he  has  not made the waiver or  reservation above adverted to.  This ruling is further strengthened by  article 83 of the new Civil Code which provides that ‘In cases  of defamation, fraud, and physical injuries, a civil action for damages, entirely separate  and distinct  from the  criminal  action,  may  be brought by  the  injured party’, and that such  action may proceed independently of the criminal and for its determination preponderance of evidence would suffice.  The present  ease comes within the purview of  this provision.”

The petition is hereby  denied,  with costs against the petitioner.

Parás, C. J., Bengzon, Padilla, Reyes, A., Jugo, Bautista Angelo,  Concepcion, Reyes, J. B.  L. and Endencia, JJ., concur.

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