CASE DIGEST ON ESCUETA V. FANDIALAN

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CASE DIGEST ON ESCUETA V. FANDIALAN [61 S 278 (1974)] - Where the cause of action for physical injuries accrued in 1952, and a criminal action for Frustrated Homicide was filed in 1955 and a reservation of civil action was made, and a civil action for damages was filed in 1956 but was dismissed for lack of interest, when the civil action was refiled in 1968, the said civil action has already prescribed. Since there was a reservation of the civil action, the prescription period for an action based on tort applies, which is 4 years from cause of action [Art. 1146 (1)]. Furthermore, no reservation was even required since it is an independent civil action under Art. 33.
Had no reservation been made, the civil case would have been impliedly instituted with the criminal, and since accused was convicted in 1955, an action to enforce judgment would only expire after ten years from judgment [Art. 1144 (3)].
Thus, where the offended party reserves the right to file a separate action for damages arising from physical injuries, the cause of action prescribes in four years, not ten years.

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