Click link above.
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In other words, when the trial court acquits the accused (People v. Santiago, G.R. No. 80778, June 20, 1989, 174 SCRA 143, 151; Metropolitan Bank and Trust Company v. Veridiano II, 412 Phil. 795 (2001) or dismisses the case (Perez v. Hagonoy Rural Bank, Inc., 384 Phil. 322 (2000) on the ground of lack of evidence to prove the guilt of the accused beyond reasonable doubt, the civil action is not automatically extinguished since liability under such an action can be determined based on mere preponderance of evidence. The offended party may peel off from the terminated criminal action and appeal from the implied dismissal of his claim for civil liability. (Metropolitan Bank and Trust Company v. Veridiano II). (BURGOS VS. CA, G.R. NO. 169711, FEBRUARY 08, 2010, ABAD, J.).
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