Spouses Benito Lo Bun Tiong and Caroline Siok Ching Teng vs. Vicente Balboa
G.R. No. 158177, January 28, 2008
FACTS:
On February 24, 1997, respondent Vicente Balboa filed with RTC Manila a civil case for collection of sum of money against spouses Benito Lo Bun Tiong and Caroline Siok Ching Teng. The amount sought covers three post-dated checks issued by petitioner Caroline.
On July 21, 1997, separate criminal complaints for violation of Batas Pambansa Blg. 22 (B.P. No. 22) were filed against Caroline before the Municipal Trial Court (MTC) of Manila. The cases were docketed as Criminal Case Nos. 277576 to 78. The MTC acquitted Caroline of the offenses charged for failure of the prosecution to prove her guilt beyond reasonable doubt but found Caroline civilly liable in favor of respondent for the amounts covered by the three checks.
ISSUE:
Is there a forum shopping when respondent instituted a civil action separately from the criminal action?
RULING:
NO. Section 1, Rule 111 of the Rules of Court provides that when a criminal action is instituted, the civil action for the recovery of civil liability is impliedly instituted with the criminal action, unless the offended party waives the civil action, reserves his right to institute it separately, or institutes the civil action prior to the criminal action. Such civil action includes the recovery of indemnity under the Revised Penal Code, and damages under Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines arising from the same act or omission of the accused.
Under this rule, an action for the recovery of civil liability arising from an offense charged is necessarily included in the criminal proceedings, unless (1) there is an express waiver of the civil action, or (2) there is a reservation to institute a separate one, or (3) the civil action was filed prior to the criminal complaint. Since respondent instituted the civil action prior to the criminal action, then the Civil Case may proceed independently of the Criminal Cases.
Forum shopping is the institution of two or more actions or proceedings grounded on the same cause, on the supposition that one or the other court would render a favorable disposition. It is usually resorted to by a party against whom an adverse judgment or order has been issued in one forum, in an attempt to seek and possibly to get a favorable opinion in another forum, other than by an appeal or a special civil action for certiorari. There is forum shopping when the following elements concur: (1) identity of the parties or, at least, of the parties who represent the same interest in both actions; (2) identity of the rights asserted and relief prayed for, as the latter is founded on the same set of facts; and (3) identity of the two preceding particulars, such that any judgment rendered in the other action will amount to res judicata in the action under consideration or will constitute litis pendentia.
NOTES:
The prime purpose of the criminal action is to punish the offender to deter him and others from committing the same or similar offense, to isolate him from society, reform or rehabilitate him or, in general, to maintain social order. The purpose, meanwhile, of the civil action is for the restitution, reparation or indemnification of the private offended party for the damage or injury he sustained by reason of the delictual or felonious act of the accused.
Myline Cordial 
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