2 Vehicles are involve in an accident. One is driven by the respondent (Laroya) & the other one is driven by Casupanan and owned by Capitulo.
Both of them filed separate cases in MCTC in Tarlac.
- Laroya filed the criminal case for reckless imprudence resulting in damage to property based on the Revised Penal Code while
- Casupanan and Capitulo filed the civil action for damages based on Article 2176 of the Civil Code.
ART. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is so pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.
When the civil case was filed, the criminal case was then at its preliminary investigation stage. Laroya, defendant in the civil case, filed a motion to dismiss the civil case on the ground of forum-shopping considering the pendency of the criminal case.