Prosecution of Civil Action  MENT damages without specified amount in

information/complaint: filing fees shall be first lien on the

General rule: Civil action is deemed instituted with the criminal action
Exceptions: (1) offended party waives civil action
(2) reserves the right to institute it separately
(3) files it separately prior to the criminal action
 The rule on implied institution of civil action DOES NOT apply
before the filing of the criminal action or information
 The offended and the accused are the real parties in interest
 Even the accused can claim for civil liability even after acquittal
(reason: public prosecutor does not really care about the money
part)
 The offended and the accused may file for a motion for
reconsideration or appeal insofar as CIVIL ASPECT is
concerned
Purposes of Criminal and Civil Action
 Criminal action: punish the offender to deter him from
committing the same offense; to maintain social order
 Civil action: for purposes of reparation, indemnification, and
resolution for the damage sustained
When to make reservation
It shall be made before the prosecution starts presenting evidence.
Rationale of reservation: to prevent the offended party from recovering
damages twice for the same act or omission.
In relation with bail
The grant or denial of bail has no impact on the civil liability of the
accused that depends on conviction by final judgment.
awarding of damages
 MENTL damages with specified amount in the
complaint/information: shall be paid by the offended party upon
filing in court.
 No filing fees required for actual damages
Award of exemplary damages
An award of exemplary damages is justified if an aggravating
circumstance, either qualifying or generic, accompanies the crime.
Counterclaim, cross-claim, or third party complaints
 Accused cannot file any of these but any cause of action arising
from these may be litigated in a separate civil action
 These are now prohibited pleadings which may only be pursued
in a separate civil action
Two Kinds of Acquittal and Its Effect on Civil Liability
 Lack of evidence to prove guilt beyond reasonable doubt: DOES
NOT EXTINGUISH CIVIL LIABILITY
 Accused is not the author of the crime: EXTINGUISH CIVIL
LIABILITY
Rules regarding civil liability if the accused is criminally exempted
1. Imbecile or Insane Person/ by a person under 9/over 9 but
under 15 who acted without discernment
 Civil liability shall be passed on to those persons under their
legal control or authority
 If none, said imbecile/minor shall respond with their own
property

In relation with compromise 2. Persons for whose benefit the harm has been prevented
(Compromise – a contract whereby the parties avoid/put an end to  They shall be civilly liable in proportion to the benefit which they
litigation by making reciprocal concessions) may have received
Claim for damages  The courts shall determine the proportionate amount for each
Does not affect civil liability even though there is reparation of damages liable person
(e.g. Criminal liability for Estafa)
3. Persons using violence or causing fears
Payment of Filing Fees  Shall be primarily liable
(FILING FEES – fee charged by court to accept a document for
processing)
Liability of Innkeepers, Tavern Keepers, and Proprietors of
Establishments
 They shall be civilly liable for any crime committed in their
establishment in cases of violation of an ordinance committed
by one of the employees
 Subsidiarily liable for the restitution of goods taken by robbery
or theft within their houses from guests lodging there, or for the
payment.
*** guests should have notified in advance the innkeeper of the deposit
of goods and should have followed the directions of the latter in the care
of goods ***
 No liability in case of robbery with violence or intimidation
against the persons unless committed by the innkeeper’s
employees
Inclusions of Civil Liability
 Restitution -- thing itself shall be restored although in
possession of a third person in good faith, with allowance for
any deterioration of value
*** not applicable when law bars an action for recovery***
 Reparation -- amount of damage determined by the court
(including price or sentimental value)
 Indemnification -- not only to the offended party but also those
suffered by the family
Obligation to make or to demand
reparation/restoration/indemnification
Devolves upon the heirs of the person liable or the injured.
Rule if there are two or more persons liable: The court shall
determine the amount for which each must respond.
Liability of Principals/Accomplice/ Accessories: Liable severally for
themselves; subsidiaries for those of the other persons liable
Manner of Enforcing Liability
1. Against property of PRINCIPAL
2. Against that of the ACCOMPLICE
3. Against that of the ACCESSORIES
Note: The person whom payment was made shall have the right of
action against the others for their respective shares.
Liability of a person who benefited from the felony: Bound to make
restitution in an amount equivalent to the extent of the participation.
Extinguishment of Civil Liability: in the same manner as obligations
1. By payment or performance
2. By loss of the thing due
3. By condonation or remission of debt
Note: Offender shall continue to be obliged to satisfy civil liability
although he has served his sentence or by any other similar means.
Duty of the party suffering loss
He must exercise diligence of a good father of a family to minimize
damages (Art. 2203)
When damages may be recovered?
1. Loss or impairment of earning capacity
2. Injury to plaintiff’s business standing or commercial credit
Separate Civil Action
 After criminal action has commenced, the SCA shall be
instituted after the final judgment of the criminal action
 If criminal action is filed after SCA is instituted, the latter will be
suspended until final judgment.
 SCA can always be consolidated with the criminal action.
Effects of consolidation of cases
1. Evidence adduced in civil action shall be reproduced in the
criminal action
2. Cross-examine the witness presented by the offended party
3. Civil and criminal action shall be tried jointly
Note: Extinction of penal action =/= extinction of civil action
Acquittal does not include civil liability
1. Acquittal based on reasonable doubt
2. Court declared the liability is only civil
3. Civil liability did not arise from act or omission complained of.
Independent Civil Action 2. Court conducting preliminary investigation
An action which can be pursued independently regardless of the result 3. When criminal action has been filed in court for trial, petition to
of the criminal case requiring only a preponderance of evidence. suspend shall be filed in the same criminal action

 Article 32 – violation of rights and liberties
 Article 33 – Defamation, fraud, physical injuries
 Article 34 –public officer refuses or fails to render aid or
protection to any person in danger
 Article 2176 – torts
Effects of death of the accused during the pendency of the case
1. Civil liability, as well as criminal liability, is extinguished
arising from the same delict
2. ICA arising from other sources of obligation may be
continued
3. Heirs of the accused may be substituted
4. If there are several accused, the death of one will not
extinguish the criminal action. (e.g. adultery,
concubinage)
Effects of death of the accused before arraignment
Criminal action shall be dismissed without prejudice to any civil action
which may be filed against the estate of the deceased.
Test to determine the existence of a prejudicial question
Civil case does not only involve the same facts where criminal action is
based but also must be determinative of the innocence or guilt of the
accused.
Prejudicial question =/= independent civil action
Exceptions where prejudicial question not allowed
1. Bigamy cases
2. CIVAXN for cancelation of copyright =/= CRIMAXN for
infringement of copyright
3. Replevin case =/= theft
4. Annulment of deed of sale =/= Estafa
5. Article 33 of the CC
6. Pendency of intestate proceeding =/= theft for standing crops
7. Declaration of nullity of documents =/= estafa
8. Annulment =/= concubinage
9. Legal Separation =/=Parricide

Prejudicial Question
 A question which arises in a case the resolution of which is a
logical antecedent to the issue involved in the same case.
 Based on a fact distinct and separate from the crime but is
connected with the crime that it determines guilt or innocence.
 Suspends the case (not dismissal)

Elements of Prejudicial Question

1. Previously instituted civil action involves an issue similar to the
subsequent criminal action
2. Resolution of such issue determines the innocence or guilt of
the accused
3. Civil action must first be instituted than the criminal action
4. Jurisdiction to try said question must be in another tribunal

Where to file petition for suspension of criminal action due to

prejudicial question?
1. Office of the prosecutor