June 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 182210 : June 27, 2012]
PAZ T. BERNARDO v. PEOPLE OF THE PHILIPPINES.
G.R. No. 182210 - (Paz T. Bernardo v. People of the Philippines) - For resolution is the motion for reconsideration of the Court�s March 7, 2012 Resolution that ordered the heirs of deceased petitioner, Paz T. Bernardo, namely: Mapalad Bernardo, Emilie B. Ko, Marilou B. Valdez, Edwin T. Bernardo, and Gervy B. Santos, within thirty (30) days from notice, to be impleaded, and to appeal and substitute for the deceased petitioner in the present petition on the civil liability aspects of this case.
The heirs of the deceased petitioner argue that the civil liability of the petitioner was extinguished by her death because it arose directly from the issuance of the bouncing checks. In the alternative, they argue that the civil liability should be settled in a new civil case filed by the private complainant to afford them the opportunity to present evidence to prove that the petitioner was denied due process when she was not allowed to present all her evidence in the trial court.
We are not persuaded by the arguments of the heirs of the deceased petitioner.
We reiterate that the petitioner's civil liability survived her death since her civil liability for the recovery of the face value of the checks did not directly result from or is based solely on the crime of violation of B.P. 129 but on a contract of loan between the petitioner and the private complainant. As to directing the private complainant to file a new civil case, we stress again that to dismiss the present case and require the private complainant to file a separate civil action will be costly, burdensome and time-consuming and would further delay the final disposition of this case, which has been pending since 1993.cralaw
At any rate, we have given the parties the opportunity to submit supplemental pleadings to support their arguments.
WHEREFORE, the motion for reconsideration is DENIED for lack of merit.
Very truly yours,
(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court