Tactaquin vs.

Palileo, 21 SCRA 346, September 29, 1967

Remedial law; Motion to dismiss based on bar by prior judgment.—Where plaintiff-
appellant suffered physical injuries and her daughter died as a result of an automobile
accident, and defendant-appellee had been prosecuted for homicide, with serious physical
injuries thru reckless negligence, found guilty, and sentenced to pay damages, the present
civil action for damages involving the same accident is already barred by prior judgment,
because “plaintiff cannot recover damages twice for the same act or omission of the
defendant.”

Same; Reservation to institute separate civil action for damages.—Where the record tends
to show that the reservation to institute a separate civil action for damages was made after
defendant-appellee had already pleaded guilty and after the private prosecutor had entered
his appearance jointly with the prosecuting attorney in the course of the criminal
proceedings, such reservation must be deemed legally ineffective. [Tactaquin vs. Palileo, 21
SCRA 346(1967)]