Article 31 of the Civil Code provides, viz:
When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.
In this case, the action filed by the heirs is primarily for the recovery of damages arising from breach of contract of carriage allegedly committed by G & S. Clearly, it is an independent civil action arising from contract which is separate and distinct from the criminal action for reckless imprudence resulting in homicide filed by the heirs against Padilla by reason of the same incident. Hence, regardless of Padilla's acquittal or conviction in said criminal case, same has no bearing in the resolution of the present case. (Heirs of Jose Marcial K. Ochoa v. G & S Transport Corporation, G.R. No. 170071 & G.R. No. 170125, March 9, 2011)
Acquittal in the criminal case is immaterial to the resolution of breach of contract of carriage
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Oleh
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