Rafael Reyes Trucking vs People

Facts:
A case of reckless imprudence resulting to double homicide was filed against Romeo
Dunca, a driver of Rafael Reyes Trucking.
Dunca bumped into a Nissan pick up, killing its 2 passengers, Francisco Dy Jr. and driver.
The private complainants MADE A RESERVATION to file a separate civil case against the
driver and the company.
They later withdrew the civil cases against the driver and instituted it along with the
criminal case. The civil case against the company was however not withdrawn.
RTC found Dunca guilty and was sentenced to pay the family damages. The civil case
against the company was ordered dismissed.
A motion for recon was filed by both parties.
The Court amended the decision and made Reyes Trucking subsidiarily liable.
CA dismissed the appeal of Reyes Trucking.

Issue:
May Reyes Trucking be held subsidiarily liable?

Held:
Yes, but the case must be remended to the lower court to determine the liability of
Reyes Trucking.

The liability of Reyes is not subsidiary since there was a separate civil action against
them. If the action is a separate from the criminal, the liability of the company is
primary, not subsidiary.
The trial court erred in dismissing the civil case and making Reyes trucking subsidiarily
liable based on the criminal action. But such dismissal was not appealed (therefore
final). The pronouncement against Reyes Trucking is void.
Davide Dissenting:
The court cannot decide on the civil case because it was already dismiised and such
became final when no one appealed it.
The solution should be to maintain the decision of the lower court.
When the civil case against Dunca was withdrawn, the case against Reyes Trucking was
also impliedly withdrawn.
The subsidiary liability as decided by the lower court is correct.