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Delia Manuel vs David Alfeche, Jr. Et al.

DELIA MANUEL, petitioner, vs. JUDGE DAVID ALFECHE, JR., in his capacity as then Presiding Judge of RTC, Region Six, Branch 15, Roxas City, FELIPE CELINO, DANNY FAJARDO and LEMUEL FERNANDEZ, respondents.

G.R. No. 115683 | 1996-07-26

R E S O L U T I O N


PANGANIBAN, J.:

In criminal prosecutions, the civil action is deemed impliedly instituted unless the complainant waives it, or reserves the right to institute it separately or files it prior to the criminal. Where the trial court renders a judgment finding the accused guilty of libel, but motu proprio dismisses complainant's claims for, inter alia, moral and exemplary damages on the ground of the complainant's failure to pay the filing fees therefor, may the complainant raise the matter via petition for review on certiorari directly before this Court, while the judgment of conviction is on appeal before the Court of...