This case has been cited 1 times or more.
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2014-10-01 |
LEONEN, J. |
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| There is identity of the rights asserted and reliefs prayed for in both actions. At a glance, it may appear that Ferro Chemicals, Inc. asserted different rights: The appeal before the Court of Appeals is purely on the civil aspect of the trial court's decision while the petition for certiorari before this court is allegedly only on the criminal aspect of the case. However, the civil liability asserted by Ferro Chemicals, Inc. before the Court of Appeals arose from the criminal act. It is in the nature of civil liability ex delicto. Ferro Chemicals, Inc. did not reserve the right to institute the civil action for the recovery of civil liability ex delicto or institute a separate civil action prior to the filing of the criminal case.[58] Thus, it is an adjunct of the criminal aspect of the case. As held in him v. Kou Co Ping:[59] | |||||