RULE 111: PROSECUTION OF CIVIL ACTIONS

OFFENSES

SEC. 1 : INSTITUTION OF CRIMINAL AND CIVIL ACTIONS

Purpose of criminal action to furnish the offender in order to deter him and
others from committing the same offense

Purpose of civil action is for resolution, reparation, or indemnification of the

private offended party for the damage or injury sustained by reason of the
delictual or felonious act of the accused.

GENERAL RULE:
When a criminal action is instituted, the civil action for the recovery of civil
liability arising from the offense shall be deemed instituted with the criminal
action.

Civil liability arising from other sources of obligations (law, contract, quasicontract and quasi-delict) are no longer deemed instituted like those under
Article 32, 33, 34 and 2176 of the Civil Code which can be prosecuted even
without reservation. (Action may be made independently)
If the judgment did not provide for the award of civil damages, the judge may
be compelled by mandamus

RULES ON FILING FEES OF CIVIL ACTION DEEMED INSTITUTED WITH THE

CRIMINAL ACTION (rule 111 sec. 1)
1. NO filing fees are required for amounts of ACTUAL DAMAGES, EXCEPT with
respect to criminal actions for violation of BP 22, in which case, the
offended party shall pay in full the filing fees based on the face value of
the check as the actual damages;
2. Damages other than actual (moral, exemplary and other damages) if
specified in the complaint or information, the corresponding filing fees
shall be paid, otherwise the court will not acquire jurisdiction over such
damages;
3. Where moral, exemplary and other damages are NOT specified in the
complaint or information, the grant and amount thereof are left to the
sound discretion of the trial court, the corresponding filing fees need not
be paid and shall simply constitute a first lien on the judgment.

EXCEPTIONS: WRI
1. When the offended party WAIVES the civil action
2. When the offended party RESERVES his right to institute a separate civil
action
3. When offended party INSTITUTES A CIVIL ACTION PRIOR to the criminal
action.

Counterclaims, cross-claims, third party complaints are not allowed in a

WHEN RESERVATION SHALL BE MADE

criminal proceeding. Any claim which could have been the subject thereof may
be litigated in a separate civil action.

1. Before the prosecution starts to present its evidence and

2. Under circumstances affording the offended party to a reasonable
opportunity to make such reservation.
Purpose: the same is intended to prevent double recovery from the same act or
omission

Instances where reservation to file the civil action separately shall not
be allowed:

Reason:
1. the counterclaim of the accused will unnecessarily complicate and confuse
the criminal proceedings
2. the trial court should confine itself to the criminal aspect and possible civil
liability of the accused arising out of the crime

Appeal on criminal case- appellate court may impose additional damages or

1. BP 22 cases
2. Cases cognizable by the Sandiganbayan
3. Tax cases

increase or decrease the amounts of damages upon the accused-appellant, but

cannot be imposed on co-accused.

ONLY the civil liability arising from the crime charged as a felony (cause of
action arising from delict) is now deemed instituted.

aspect (art 2034 CC) provided that it must be entered before or during the
litigation, and not after final judgment.

COMPROMISE ON CIVIL ASPECT: the offended party may compromise the civil

SEC. 2 : WHEN SEPARATE CIVIL ACTION IS SUSPENDED

PRIMACY OF CRIMINAL ACTION OVER CIVIL ACTION
1. After the filing of the criminal action, the civil action which has
been reserved CANNOT be instituted until final judgment has been
rendered in the criminal action.
2. If the civil action is instituted BEFORE the filing of the criminal
action and the criminal action is subsequently commenced, the
pending civil action shall be suspended until final judgment in the
criminal action has been rendered.
EXCEPTIONS:
1) In cases of independent civil actions based upon Arts. 32, 33, 34 and
2176 of the Civil Code;
2) In cases where the civil action presents a prejudicial question;
3) In cases where the civil action is consolidated with the criminal
action; and

4) Where the civil action is not one intended to enforce the

civil liability arising from the offense.
Consolidation of criminal case and civil cases:
1. Under the present rule, BEFORE JUDMENT on the merits is rendered in the
civil action, same may, upon motion of the offended party, be consolidated with
the criminal action in the court trying the criminal action. This is a modification
of the rule on primacy of a criminal action over civil action.
2. The consolidation must be effected in the criminal court, irrespective of the
nature of the offense, the amount of civil claim or the rank of the court trying
the civil case.
3. In cases where the consolidation is given due course, the evidence presented
and admitted in the civil case shall be deemed automatically reproduced in the
criminal action without prejudice to admission of additional evidence and right
to cross-examination.
4. The consolidated criminal and civil cases shall be tried and decided jointly.

ACQUITTAL IN A CRIMINAL CASE DOES NOT BAR THE FILING OF THE CIVIL
CASE: extinction of the penal action does not carry with it the extinction of the
civil action, unless the extinction proceeds from a declaration in a final

judgment that the fact from which the civil liability might arise did not exist
( Rillon v Rillon, gr. no. l-13172, April 28, 1960)

Extinction of civil liability refers exclusively to civil liability arising from crime
(delict); whereas the civil liability for the same act arising from other sources of
obligation (law, contract, quasi-contract, quasi-delict) is not extinguished even
by declaration in the criminal case that the criminal act charged has not
happened or has not been committed by the accussed.

where the criminal case was dismissed before trial because the offended party
executed an affidavit of desistance, the civil action thereof is similarly
dismissed.
Instances when the extinguishment of
the criminal liability results in the
extinguishment of the civil liability
1. court declares that the accused was
innocent
2. the acts or omissions giving rise to
the civil liability in the criminal action
does not exist
3. death of the accused

Instances when the extinguishment of

the criminal liability does not result in
the extinguishment of the civil liability
1. the acquittal is based on reasonable
doubt, if the civil case has been
reserved
2. the decision contains a declaration
that the liability of the accused is not
criminal but only civil in nature
3. the civil liability is not derived from
or based on the criminal act which the
accused is acquitted
4. the statute declares that there can
be no criminal liability but only civil
liability
5.
Art.
11(4)
RPC
justifying
circumstances and Art. 12 (1-6) RPC
some exempting circumstances

SEC. 3 : WHEN CIVIL ACTION MAY PROCEED INDEPENDENTLY

The institution of an independent civil action against the offender under
Articles 32, 33, 34 and 2176 of the Civil Code may proceed independently of the
criminal case and at the same time without suspension of either proceeding.
The independent civil action requires only a PREFONDERANCE OF EVIDENCE and

the offended party may be entitled only to the bigger award when the awards
made in the cases vary
NOTE: IN no case, however, may the offended party recover damages twice for
the same act or omission charged in the criminal action.
Recovery of civil liability under ART> 32, 33, 34 and 2176 of the Civil Code
arising from the same act or omission may be prosecuted separately even
without reservation.
REASON: The enactment of Art. 32, 33, 34 and 2176 implies that the State has
already made reservation in favor of the offended party.

Purposes of ART> 32, 33, 34 and 2176

1. To prevent subtle or indirect violation of the constitutional rights due to lack
of penal laws as not all unconstitutional acts are punishable
2. The prosecutor may be afraid or incompetent to establish the guilt of the
accused beyond reasonable doubt
3. Criminal cases are difficult to prove and these independent civil actions can
be the reparation to harm done to the offended party.

SEC. 4 : EFFECTS OF DEATH ON CIVIL ACTIONS

1. BEFORE arraignment - the case shall be DISMISSED without prejudice to
any civil action the offended party may file against the estate of the
deceased.
2. AFTER arraignment and during the pendency of the criminal action extinguishes the civil liability arising from the delict

EXCEPTION:
1. Where the civil liability is predicated on other sources of obligations such as
law, contract, quasi-contract and quasi-delict or is an independent civil action.
The action may be continued against the estate of the accused after proper
substitution is made either as the relatives of the estate.
2. If the civil action has been reserved and subsequently filed or such civil
action has been instituted when the accused died, such civil action will proceed
and substitution of parties shall be ordered by the court.
3. If the accused dies during appeal, his civil and criminal liabilities are
extinguished

4. If the accused dies after final judgment, the pecuniary liabilities of the
accused are not extinguished; claims shall be filed against the estate of the
accused under Rule 86 of the Rules of court.

SEC. 5 : JUDGMENT IN CIVIL ACTIONS NOT A BAR

The judgment in civil actions based on Articles 32, 33, 34 and 2176
absolving from civil liability DOES NOT BAR the criminal action.

SEC. 6 : SUSPENSION BY REASON OF PREJUDICIAL QUESTION

A petition for suspension of the criminal action by reason

of prejudicial question in a civil action may be filed in the
office of the prosecutor or the court conducting the
preliminary investigation.
SEC. 7 : ELEMENTS OF PREJUDICIAL QUESTION
PREJUDICIAL QUESTION one which arises in a case, the resolution of
which is logical antecedent of the issues involved therein and the cognizance of
which pertains to another tribunal
1. a prejudicial question is based on fact distinct and separate from the crime
but so intimately connected with it that it determines the guilt or
innocence of the accused
2. TIME TO PLEAD the prejudicial question may be raised during the
preliminary investigation of the offense or in court BEFORE the
prosecution rest its case
3. the suspension of the criminal case due to a prejudicial question is only
procedural matter and is subject to a waiver by virtue of prior acts of the
accused
4. there is no prejudicial question where one case is administrative and the
other is not
5. if the two cases are both civil or if they both criminal, the principle finds
no application
Rationale: to avoid two conflicting decisions

ELEMENTS OF A PREJUDICIAL QUESTION

1. The civil action must be instituted prior to the criminal action.

2. The civil action involves an issue similar or intimately related to the issue
raised in the criminal action.
3. The resolution of such issue determines whether or not the criminal action
may proceed

TEST TO DETERMINE EXISTENCE OF A PREJUDICIAL QUESTION:

-

to determine the existence of a prejudicial question, it must appear

that the civil case does not only involve the same facts upon which the
criminal prosecution is based but also that the resolution of the issues
raised in said civil action would necessary be determinative of the guilt
or innocence of the accused.

WHERE TO FILE PETITION FOR SUSPENSION BY REASON OF PREJUDICIAL

QUESTION
1.
2.
3.

Office of the prosecutor; or

court conducting the preliminary investigation; or
Court where the criminal action has been filed for trial at any time
before the prosecution rests.