G.R. No. 147703 Case Digest

G.R. No. 147703, April 14, 2004

Philippine Rabbit Bus Lines, INC., petitioner

v People of the Philippines, respondent

Ponente: Panganiban

Facts:

This is a petition for review under rule 45 of the rules of court assailing resolutions of CA. Petitioner's appeal from the judgment of the RTC of San Fernando, La Union in Criminal Case No. 2535 was dismissed.

On July 1994 accused Macadangdang was found guilty and convicted of the crime of reckless imprudence resulting to triple homicide, multiple physical injuries and damage to property and was sentenced to suffer the penalty. The court ruled that rabbit bus lines shall be liable for the civil liabilities of the accused in the event of the accused insolvency. Evidently, the judgment against the accused had become final and executory.

Then the accused jumped bail, worth mentioning that rule 8, rule 124 of the rules of court authorizes the dismissal of appeal when appellant jumps bail. The counsel for accused hired by rabbit bus lines filed a notice of appeal which was denied by the trial court.

The CA ruled that the institution of a criminal case implied the institution also of the civil action arising from the offense. Making the subsidiary civil liability of the bus line becomes conclusive and enforceable.

Issues: (1) Whether or not an employer, who dutifully participated in the defense of its accused-employee may appeal the judgment of conviction independently of the accused?

Ruling: Petition has no merit.

Appeal in Criminal Cases: Section 1 of rule 122 of the 2000 revised rules of criminal procedures states "any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy"

Appeal by the accused who jumps bail:

Section 8 of rule 124 provides: "the court appeals may also, upon motion of the appellee dismiss the appeal if the appellant escapes from prison or confinement, jumps bail or flees to a foreign country during pendency of the appeal" The accused cannot be accroded right to apeal unless they voluntarily submit to the jurisdiction of the court or are otherwise arrested within 15days from notice of the judgment against them. They cannot seek relief from the court, as they are deemed to have waived the appeal.

Finality of a decision in a criminal case:

Section 7 of Rule 120 of the 2000 Rules of Criminal Procedure, which we quote:

"A judgment of conviction may, upon motion of the accused, be modified or set aside before it becomes final or before appeal is perfected. Except where the death penalty is imposed, a judgment becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or when the accused has waived in writing his right to appeal, or has applied for probation."

In the case before us, the accused-employee has escaped and refused to surrender to the proper authorities; thus, he is deemed to have abandoned his appeal. Consequently, the judgment against him has become final and executory.

Civil Actions are deemed instituted in a criminal prosecution. but rabbit bus line is not a direct party to the criminal case. While they may assist their employees, the employer cannot act independently on their own behalf, but can only defend the accused.

Waiver of constitutional safeguard against double jeopardy:

an appeal from the sentence of the trial court implies a waiver and throws the whole case open to a review by the appellate court. 

Effect of absconding on the appeal process: the accused impliedly withdrew his appeal by jumping bail and he is deemed to have his right to appeal waived, Thus conviction is now final and executory.

Subsidiary Liability upon finality of judgment: employers liability in a finding of guilt against its employee is subsidiary. 

No deprivation of due process: employer became subsidiary liable only upon proof of the employee's insolvency and the right to appeal was lost due to the bail of the accused employee not the court.

Petition denied.