CASE DIGEST: Canlas v. Po (G.R. No. L-16929)

Date Published:
CASE DIGEST: [ G.R. No. L-16929, July 31, 1961 ] ESTANISLAWA CANLAS, PLAINTIFF AND APPELLANT, VS. CHAN LIN PO, ET. AL., DEFENDANTS AND APPELLEES.

FACTS: In a criminal case, the aggrieved party reserved the right to file a separate civil action. Despite this reservation, the Court sentenced the accused to pay civil indemnity.

ISSUE: Is the judgment res judicata?

HELD: The judgment, except as to the fact of commission by the accused of the act charged therein CANNOT be res judicata, constituting a bar to the civil action to enforce the subsidiary or primary liability of the defendants who were not parties to the criminal case.