Salgado v.

CA
G.R. No. 89606 [30 August 1990]

FACTS:
Petitioner was found guilty of serious physical injuries by the RTC. He was
sentenced with imprisonment of 4 mos. and 20 days, and ordered to
indemnify the victim, Francisco Lucban, Jr. in the amount of P126K for
actual damages, and P50K for other damages.
Petitioner filed an application for probation, which was granted but subject
to the condition that he indemnify Francisco in a monthly installment of
P2000 per month during the entire period if his probation.
Meanwhile, Francisco filed a motion for writ of execution of the civil aspect
of the case. Petitioner opposed the motion on the ground that the terms of
his probation already provided the means of execution of the civil aspect.
There is already compliance, hence any writ of execution is unnecessary. RTC
ruled for Francisco.
CA affirmed RTC. CA ruled that the condition in the probation order in effect,
modified the civil liability. Hence, the condition was declared invalid.

ISSUES:
I. Whether the condition in the probation order is modification of civil
liability already pronounced in the criminal case decision?
II. Whether a writ of execution of civil aspect of the case may be issued albeit
the condition in the probation order providing for the manner of its
execution?
Stated otherwise, is the condition in the probation order regarding the
fulfillment of the civil liability considered writ of execution, hence a bar,
either temporary or otherwise, to issuance of any writ?

RULING:
I. No. The probation order did not increase or decrease the civil liability
adjudged against the petitioner, but merely provided for the manner of
payment by the accused of his civil liability during the period of probation.

II. A writ of execution of the civil aspect may not be issued during the period
of probation if in the order of probation, there is a condition providing for
the manner of execution of the civil aspect.
The period of probation already lapsed, hence, SC allowed the issuance of the
writ as there would “be no more obstacle for [Francisco] to enforce the
execution of the balance of the civil liability of the petitioner.”

Justice Cruz Opinion:

There is modification of civil aspect of the case when the probation
order provided for condition requiring it to be paid in installments.
Its execution must further not be delayed on account of that condition
in the probation order. The award of civil damages was already a vested
property right of the victim. Hence, it can be enforced by him, without being
deferred, immediately and in full as in ordinary money judgments, where
there is no indication of a different mode and period of payment.
The condition of probation order must only affect the criminal aspect
of the case.