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GENERAL RULE: When a criminal action is
instituted, the civil action for the recovery of civil The only limitation is that the offended party
liability arising from the offense shall be deemed cannot recover more than once for the same act or
instituted with the criminal action (Section 1a, Rule omission.
111) 3. Based on Art. 2176 of the New Civil Code or
quasi-delict(Herrera, Vol. IV, p. 216, 2007 ed.)
EXCEPTIONS:
When the offended party: RESERVATION TO FILE A SEPARATE
1. WAIVES the civil action; ACTION MUST BE DONE:
2. RESERVES his right to institute a separate 1. Before the prosecution starts to present its
civil action; or evidence; and
3. INSTITUTES A CIVIL ACTION PRIOR to 2. Under circumstances affording the offended party
the criminal action (Sec. 1, Rule 111). a reasonable opportunity to make such reservation
Note: In all of these instances, the dual character of The reservation may not be necessarily express but
a criminal suit ceases. may be implied, which may be inferred not only
from the acts of the offended party but also from
The primary governing law on the recovery of civil acts other than those of the latter.
liability arising from the commission of an offense
is the RPC. To be sure, under Art. 100 of the Code, INSTANCES WHEN RESERVATION TO
it is expressly declared that “every person FILE AN SEPARATE ACTION IS NOT
criminally liable for a felony is also civilly liable”. ALLOWED.
The civil liability may consist of restitution, 1. Violation of B.P. 22
reparation of damage caused, and indemnification As regards the criminal aspect of a violation
for consequential damages. of BP 22, suffice it to say that: [t]he gravamen of
BP 22 is the act of making and issuing a worthless
check or one that is dishonored upon its
CIVIL ACTIONS NOT DEEMED presentment for payment [and] the accused failed to
INSTITUTED satisfy the amount of the check or make
arrangement for its payment. The act is malum
1. Arising from breach of contract prohibitum, pernicious and inimical to public
2. Independent civil actions or those based on welfare.Why and to whom the check was issued is
Arts. 31, 32, and 33 of the New Civil Code irrelevant in determining culpability. The terms and
conditions surrounding the issuance of the checks
What is deemed instituted in every criminal are also irrelevant. (Nuguid vs. Nicdao)
prosecution is the civil liability arising from the
crime or delict per se (civil liability ex delicto), but 2. A claim arising from an offense which is
not those liabilities arising from quasi-delicts, cognizable by the Sandiganbayan; and
contracts or quasi-contracts. Thus, the civil actions 3. Tax cases.
referred to in Articles 32, 33, 34 and 2176 of the
Civil Code shall remain “separate, distinct and
independent” of any criminal prosecution based on EFFECTS OF ACQUITTAL OF ACCUSED IN
CRIMINAL OFFENSE
A person acquitted of a criminal charge, however, is
not necessarily civilly free because the quantum of
proof required in criminal prosecution (proof The general rule is that where both and criminal
beyond reasonable doubt) is greater than that cases arising from the same facts are filed in
required for civil liability (mere preponderance of different courts, the criminal takes precedence and
evidence). the civil is thus suspended in whatever stage it may
To be completely free from civil liability, a person’s be found.
acquittal must be based on the fact that he did not
commit the offense. If the acquittal is based merely Exceptions:
on reasonable doubt, the accused may still be held ★ In cases of independent civil actions based
civilly liable since this does not mean he did not upon Art. 32,33,34 and 2176 of the NCC
commit the act complained of. The judgement of ★ Where civil action presents a prejudicial
acquittal extinguishes the the liability of the question
accused for damages only when it includes a ★ Where the civil action is consolidated with the
declaration that the fact from which the civil criminal action
might arise did not exist. ★ Where the civil action is not one intended to
enforce the civil liability arising from the
Acquittal will not bar a civil action in the offense.
following cases:
1 where the acquittal is based on reasonable doubt; CONSOLIDATION NOT MANDATORY
2 where the court declared the accused’s liability is It is by no means a ministerial duty on the part of
not criminal but only civil in nature; and the criminal court to grant the application for
3 where the civil liability does not arise from or is consolidation. If it finds that the fusion of cases
not based upon the criminal act of which the applied for would unnecessarily delay the
accused was acquitted. disposition of the criminal case, and thus negate the
right of the accused to a speedy trial, it is well
*Dismissal of the criminal case at the instance of within the power of the trial court to deny
the fiscal is not a bar to the institution of a civil case application.
based upon the same act or transaction. The
offended party is entitled to demand enforcement of Note: A separate civil action for collection of sum
the civil liability of the accused in a separate case. of money cannot be consolidated with cases
pending before the Sandiganbayan for the latter has
SECTION 2. WHEN SEPARATE CIVIL no jurisdiction over collection cases (Herrera, Vol.
ACTION IS SUSPENDED IV, p. 231, 2007 ed.).
2. Before arraignment – the offended party may Note: For the principle of prejudicial question to
file the civil action against the estate of the apply, it is essential that there be two cases
deceased (Sec. 4). involved, invariably a civil case and a criminal case.
If the two cases are both civil or if they are both
3. Pending appeal criminal, the principle does not apply.
a. Civil liability arising from the crime is
extinguished The law limits a prejudicial question to a previously
b. Civil liability predicated from another source instituted civil action not to a subsequent one.
survives i.e. civil liability arising from law,
contracts, quasi-contract and quasi-delict.
SEC. 7 PREJUDICIAL QUESTION 1. The prejudicial question may be raised during the
preliminary investigation of the offense or in court
Prejudicial question is one which arises in a case, before the prosecution rests its case.
the resolution of which is a logical antecedent of the 2. The suspension of the criminal case due to a
issue involved therein and the cognizance of which prejudicial question is only a procedural matter, and
pertains to another tribunal. is subject to a waiver by virtue of prior acts of the
accused.
The prejudicial question must be determinative of 3. There is no prejudicial question where one case is
the case before the court but the jurisdiction to try administrative and the other is civil.
and resolve the question must be lodged in another
court or tribunal. It is a question based on a fact Petition for suspension by reason of prejudicial
distinct and separate from the crime but so question can be filed in:
intimately connected with it that it determines the
1. Office of the prosecutor; or adversely affected. The reason is that as a
2. Court where the criminal action has been filed for general rule, no vested right may attach to,
trial at any time before the prosecution rests (Sec. 6). nor arise from, procedural laws.