Occena vs Icamina, 181 SCRA 333
Criminal Case
Digest
Digested Cases
Criminal Law
Facts: Eulogio Occena, herein petitioner, filed a criminal complaint for Grave
Oral Defamation against herein private respondent Cristina Vegafria for
allegedly openly, publicly and maliciously uttering the following insulting
words and statements: "Gago ikaw nga Barangay Captain, montisco, traidor,
malugus, Hudas," which, freely translated, mean: "You are a foolish
Barangay Captain, ignoramus, traitor, tyrant, Judas" and other words and
statements of similar import which caused great and irreparable damage and
injury to his person and honor.
Private respondent
as accused therein entered a plea of not guilty. Trial thereafter ensued, at
which petitioner, without reserving his right to file a separate civil action
for damages actively intervened thru a private prosecutor.
After trial, private
respondent was convicted of the offense of Slight Oral Defamation and was
sentenced to pay a fine of Fifty Pesos (P50.00) with subsidiary imprisonment in
case of insolvency and to pay the costs. No damages were awarded to petitioner
in view of the trial court's opinion that "the facts and circumstances of
the case as adduced by the evidence do not warrant the awarding of moral
damages."
Disagreeing,
petitioner sought relief from the Regional Trial Court.
Issue:
(1) Whether or not
the decision of the Municipal Trial Court constitutes the final adjudication on
the merits of private respondent's civil liability;
(2) Whether or not
petitioner is entitled to an award of damages arising from the remarks uttered
by private respondent and found by the trial court to be defamatory.
Held:
We find merit in the
petition.
(1) The decision of
the Municipal Trial Court as affirmed by the Regional Trial Court cannot be
considered as a final adjudication on the civil liability of private respondent
simply because said decision has not yet become final due to the timely appeal
filed by petitioner with respect to the civil liability of the accused in said
case. It was only the unappealed criminal aspect of the case which has become final.
(2) Civil
obligations arising from criminal offenses are governed by Article 100 of the
Revised Penal Code which provides that "(E)very person criminally liable
for a felony is also civilly liable," in relation to Article 2177 of the
Civil Code on quasi-delict, the provisions for independent civil actions in the
Chapter on Human Relations and the provisions regulating damages, also found in
the Civil Code.
In the case at bar,
private respondent was found guilty of slight oral defamation and sentenced to
a fine of P50.00 with subsidiary imprisonment in case of insolvency, but no
civil liability arising from the felonious act of the accused was adjudged.
This is erroneous. As a general rule, a person who is found to be criminally
liable offends two (2) entities: the state or society in which he lives and the
individual member of the society or private person who was injured or damaged
by the punishable act or omission. The offense of which private respondent was
found guilty is not one of those felonies where no civil liability results
because either there is no offended party or no damage was caused to a private
person. There is here an offended party,hence, we rule that for the injury to
his feelings and reputation, being a barangay captain, petitioner is entitled
to moral damages in the sum of P5,000.00 and a further sum of P5,000.00 as
exemplary damages.
