2010 Remedial Law, Q4

X was driving the dump truck of Y along Cattleya Street in Sta. Maria, Bulacan. Due to his negligence, X hit and injured V who was crossing the street. Lawyer L, who witnessed the incident, offered his legal services to V.
V, who suffered physical injuries including a fractured wrist bone, underwent surgery to screw a metal plate to his wrist bone.
On complaint of V, a criminal case for Reckless Imprudence Resulting in Serious Physical Injuries was filed against X before the Municipal Trial Court (MTC) of Sta. Maria. Atty. L, the private prosecutor, did not reserve the filing of a separate civil action.
V subsequently filed a complaint for Damages against X and Y before the Regional Trial Court of Pangasinan in Urdaneta where he resides. In his “Certification Against Forum Shopping,” V made no mention of the pendency of the criminal case in Sta. Maria.
a. Is V guilty of forum shopping? (2%)
b. Instead of filing an Answer, X and Y move to dismiss the complaint for damages on the ground of litis pendentia. Is the motion meritorious? Explain. (2%)
c. Suppose only X was named as defendant in the complaint for damages, may he move for the dismissal of the complaint for failure of V to implead Y as an indispensable party? (2%)
d. X moved for the suspension of the proceedings in the criminal case to await the decision in the civil case. For his part, Y moved for the suspension of the civil case to await the decision in the criminal case. Which of them is correct? Explain. (2%)
e. Atty. L offered in the criminal case his affidavit respecting what he witnessed during the incident. X’s lawyer wanted to cross-examine Atty. L who, however, objected on the ground of lawyer-client privilege. Rule on the objection. (2%)

Quick check

Why does a separate civil action for damages based on quasi-delict not constitute litis pendentia during a pending criminal prosecution?

What is the nature of the liability between an employer and a negligent driver in a quasi-delict action for damages?

Is an employer an indispensable party in a quasi-delict complaint filed against a negligent driver?

Which case is suspended when both an independent civil action and a criminal action arising from the same act are pending?

Why is an attorney's eyewitness testimony regarding a traffic accident not protected by attorney-client privilege?

Learn more about these topics

1. Independent Civil Actions
Under Article 31 of the Civil Code and Rule 111 of the Rules of Court, an independent civil action based on quasi-delict may proceed independently of the criminal action. Because the civil action for quasi-delict is distinct and separate from the criminal prosecution for reckless imprudence, the institution of a civil complaint for damages during the pendency of the criminal case does not constitute forum shopping or litis pendentia.

2. Solidary Tort Liability
Under Article 2194 of the Civil Code, the responsibility of two or more persons who are liable for a quasi-delict is solidary. Joint tortfeasors, including an employer and a negligent employee, are solidarily liable to the injured party. Because solidary obligations allow the creditor to enforce the claim against any one or all of the solidary debtors, the employer is merely a necessary party rather than an indispensable party in a quasi-delict suit.

3. Attorney-Client Privilege Scope
Under Rule 130 of the Rules of Court, the attorney-client privilege protects confidential communications made by a client to an attorney in the course of professional employment. The privilege does not extend to personal observations made by an attorney as an eyewitness to an accident prior to or outside of any attorney-client relationship. An affidavit testifying to facts observed first-hand as a witness is not privileged and is subject to cross-examination.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026