CASE DIGEST ON ABELLANA V. MARAVE

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CASE DIGEST ON ABELLANA V. MARAVE [57 S 106 (1974)] - Where accused appealed his conviction by the City Court of Physical injuries thru reckless imprudence to the CFI, and while the case was on appeal, the heirs of the victim filed an independent civil action against him and his employer in another branch, the civil action will prosper despite the lack of reservation. The restrictive interpretation of the Rules of Court provision on civil actions requiring reservation as to include the independent civil action under Art. 33 does not only result in the emasculation of the civil code provision but also gives rise to a serious constitutional question. Article 33 is quite clear. "The right to proceed independently of the criminal prosecution under Article 33 of the Civil Code is a SUBSTANTIVE RIGHT, not to be frittered away by a construction that could render it nugatory, if through oversight, the offended parties failed at the initial stage to seek recovery for damages in a civil suit. The grant of power to this Court, both in the present constitution and under the 1935 Charter, does not extend to any diminution, increase or modification of substantive right.

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