FIRST DIVISION
[G.R. No. 243751. June 26, 2019.]
SPOUSES ROSENDO T. RAYOS AND RAMONA V. RAYOS, petitioners, vs.ROMMEL B. FLORES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 26, 2019which reads as follows:
"G.R. No. 243751 (Spouses Rosendo T. Rayos and Ramona V. Rayos v. Rommel B. Flores) — The petitioners' motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its June 29, 2018 Decision 1 and December 17, 2018 Resolution, 2 as to warrant the exercise of the Court's appellate jurisdiction. HTcADC
As correctly ruled by the CA, the elements of forum shopping and res judicata are not present in the instant case. The element of identity of causes of action is lacking. The instant complaint for damages presents a separate and distinct cause of action against petitioners and Albert Nelson M. Yasay (Albert) from that of the criminal case for illegal practice of medicine against Albert. The indictment is limited to the issue of whether there was a violation of the provisions of The Medical Act; whereas, here, damages are claimed on the basis of culpa aquiliana and culpa contractual. As such, the civil action filed by respondent may be prosecuted independently of the criminal proceedings.
WHEREFORE, the petition is DENIED. The June 29, 2018 Decision and December 17, 2018 Resolution of the Court of Appeals in CA-G.R. CV No. 107146 are AFFIRMED.
SO ORDERED."Jardeleza, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 385-390; penned by Associate Justice Mario V. Lopez, with Associate Justices Victoria Isabel A. Paredes and Marie Christine Azcarraga-Jacob, concurring.
2.Id. at 417-418.