RULE 111 - PROSECUTION OF CIVIL ACTION
Section 1. Institution of criminal and civil actions. –
**civil liability may be waived if the offender has no means
BUT if waived, offended party may no longer intervene by
counsel in the prosecution of the offense.
(a) When a criminal action is instituted, the civil action for
the recovery of civil liability arising from the offense
charged shall be deemed instituted with the criminal
action, unless
1. the offended party waives the civil action,
2. reserves the right to institute it separately or
3. institutes the civil action prior to the criminal action.
The reservation of the right to institute separately the
civil action shall be made before the prosecution starts
presenting its evidence and under circumstances
affording the offended party a reasonable opportunity
to make such reservation.
WHEN TO MAKE RESERVATION? (Rule 111, Section 1)
The reservation of the right to institute separately the civil action
shall be made
NOTES
1.
Purpose of:
2.
1.
CIVIL ACTION- For restitution, reparation, or
indemnification of the offended party for the damage
and injury he sustained from the delictual or felonious
act of the accused.
2.
CRIMINAL ACTION- to punish the offender and to deter
him and others of committing the same offense, and
to isolate him from society, reform and rehabilitate him
to maintain social order.
before the prosecution starts presenting its evidence
and
under circumstances affording the offended party a
reasonable opportunity to make such reservation.
BP 22, INSTITUTED ONLY WITH CRIMINAL ACTION (SECTION 2B)
-No reservation, criminal and civil action shall go hand in hand.
CIVIL LIABLITY EX DELICTO



Liability sought to be recovered in a civil action deemed
instituted with the criminal case
civil liability arising from criminal offense.
every person criminally liable for a felony is also civilly
liable. (ART.100 RPC)
Two modes to be enforced
1. Through a civil action deemed impliedly instituted in
the criminal action, or
2. Through as civil action filed separately either
a. Before the Criminal action
b. After upon reservation of the right to file it
separately in the Criminal Action.
IMPLIEDLY INSTITUTED CIVIL ACTION
When the civil liability ex delicto is impliedly instituted with
the criminal offense, the court is called upon to decide the
case including its civil aspect.
If filing of civil action has not been reserved or priorly
instituted,or not waived,--incase of conviction, trial court
should state the civil liability or damages caused by the
offense.
COUNTER CLAIMS IS PROSCRIBED IN CRIMINAL CASES
-Accused is barred from filling a counterclaim, crossclaim or
third-party complaint in the criminal case.BUT, any cause of
action which could have been the subject of the
counterclaim, cross-claim or third party complaint may be
litigated in a separate civil actionto avoid complication and
confusion in the resolution of a criminal cases.
FILING FEES
ACTUAL DAMAGES
IF ONLY Actual damages- No need to pay for fiing fees
Except as otherwise provided in these Rules, no filing fees
shall be required for actual damages.
BP 22- Need to pay filing fees.
Upon filing of the aforesaid joint criminal and civil actions,
the offended party shall pay in full the filing fees based on
the amount of the check involved, which shall be
considered as the actual damages claimed.
MENTAL DAMAGES
SPECIFIED
Where the amount of
damages, other than
actual, is specified in the
complaint or
information, the
corresponding filing fees
shall be paid by the
offended party upon the
filing thereof in court.
NOT SPECIFIED
When the offended party seeks to
enforce civil liability against the
accused by way of moral, nominal,
temperate, or exemplary damages
without specifying the amount
thereof in the complaint Or
information, the filing fees
therefore shall constitute a first
lien on the judgment awarding
such damages.
PAYMENT OF FILING FEES
**When required – filing fees are assessed and become due
for each initiatory pleading filed. In criminal actions, these
pleadings refer to the information filed in court.
MENTAL DAMAGES
ALLEGED
NOT ALLEGED
**In BP 22- Filing fees are paid separately for each count
based on the respective amount of each check.
WHO IS LIABLE FOR BP 22?
**The issuing officer
**Incase of corporation, CORPORATION CANNOT BE
PROSECUTED BP 22. No juridical person is liable, the issuing
officer is the one liable for such an act.
VENUE OF BP 22 CASES
It is a well-settled rule that violation of BP22 is transitory or
continuing crimes.
Which means, acts essential and material thereto occur in
one mulicipality or territory while some occur in another.
Criminal case for violation of BP 22 may be filed in any of
ther places where any of the elements occurred – in
particular, the place where the check is drawn, issued,
delivered, or dishonored.
SECTION 2. When Separate Civil Action is suspended
IF CIVIL ACTION is..
Filed Before Criminal Action
civil action shall be suspended in whatever stage it
may be found before judgement on the merits.
**Suspension shall last until final judgement is
rendered in the criminal action.
IF CIVIL ACTION is..
Filed After Criminal Action
after the criminal action has been commenced, the
separate civil action arising therefrom, cannot be
instituted until final judgement has been entered in
the criminal action.
PRIMACY OF CRIMINAL ACTION over Civil Action
RUNNING PERIOD OF PRESCRIPTION OF THE CIVIL
ACTION
During the pendency of the criminal action, the
running period of prescription of the civil action
which cannot be instituted separately or whose
proceeding has been suspended shall be tolled.
Sec. 3. When civil action may proceed
independently. –
In the cases provided in Articles 32, 33, 34 and 2176
of the Civil Code of the Philippines, the independent
civil action may be brought by the offended party. It
shall
a. proceed independently of the criminal action and
b. shall require only a preponderance of evidence.
In no case, however, may the offended party recover
damages twice for the same act or omission charged
in the criminal action.
INDEPENDENT CIVIL ACTION
A. brought by the offended party. It shall
B. proceed independently of the criminal action and
C. shall require only a preponderance of evidence.
Articles 32 of Civil Code (Constitutional Rights)
If any of the cases referred to in this article, whether
or not the defendant;s acr ot omission constitutes a
criminal offense, the aggrieved party has the right to
commence an entirely separate and distinct civil
action for damages, and for other relief.
Notes:
Civil actions filed before the criminal actions where
CASES INVOLVING are,
1. Constitutional Rights
2. Defamation
3. Physical Injuries
4. Refusal or failure to render aid or protection
5. Quasi-delict
Civil actions may proceed independently of the
Criminal action.. it can continue without waiting for
the final judgement to be rendered in criminal action
Rule 111, sec 3.
ENDING OF CIVIL ACTION + CRIMINAL ACTION
General Rule:
extinction of Penal Action does not carry with it
extinction of Civil action.
Exception:
Civil action based on delict shall be deemed
extinguished if there is finding in final judgement in
a criminal action that the act or omission from which
the civil liability may arise did not exist.
Meaning, offender is acquitted and not guilty.
IF CIVIL LIABILITY FILED AHEAD AND BECAME
SUSPENDED WHEN CRIMININAL ACTION
COMMENCED,
Remedy: Consolidation
When: BEFORE JUDGEMENT on the merits rendered
in the civil action.
Where: in the court trying the criminal action.
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE
*Arbitrary detention or expulsion
* violation of dwelling
*Prohibition, interruption and dissolution of
peaceful meetings
*Crimes against religious worship
Articles 33 of Civil Code (Defamation, fraud, and
Physical Injuries)
Articles 34 of Civil Code (Member of city or
municipal police force fails to render aid or
protection to any person in case of danger to life or
property)
Articles 2176 of Civil Code (Quasi-delicts, acts and
omission arising to damages to another with fault
and negligence. No pre-existing contractual relation)
PREPONDERANCE OF EVIDENCE (Rule 133, sec.1)
 Manner Of Testifying,
 Their Intelligence,
 Their Means And Opportunity Of Knowing
The Facts To Which There Are Testifying,
 The Nature Of The Facts To Which They
Testify,
 The Probability Or Improbability Of Their
Testimony, Their Interest Or Want Of Interest,
 Personal Credibility
The court may also consider the number of
witnesses, though the preponderance is not
necessarily with the greater number.
PROHIBITION ON DOUBLE RECOVERY
In no case, however, may the offended party recover
damages twice for the same act or omission charged
in the criminal action.
SUBSTITUTION, DEATH OF ANY PARTY
**Personal action (like action for annulment,
support)– not extinguished, but non substitution
**if substitution, No need for the judge to issue
summon, it will issue an order requiring the legal rep.
to appear and be substituted within a period of 30
days.
Sec. 4 Effect of death on civil action
CIVIL ACTION FROM DELICTS
DEATH
ARRAIGNMENT
If before arraignment
*Criminal liability – dismissed
*Civil Liability – file against the estate of the deceased
PLEA
If DURING PENDENCY/ PRE-TRIAL
*Both Criminal and Civil Liability extinguished
After Arraignment
** Both Criminal and Civil Liability extinguished
After Judgment
*Criminal liability – estinguished
*Civil Liability – file against the estate of the deceased
Note: it should be FINAL JUDGEMENT
When: no appeal, no motion for new trial or
reconsideration has been filed against judgement.
After final judgement has become final, it shall be
entered in accordance with rule 36.
The clerk will enter the judgement in the book of
entries of judgement.
Date of entryDate of finality of the judgement or final order
Record shall contain the dispositive part of judgement
or final order signed by the clerk.
Within a certificate that such judgement or FO has
become final and executory.
SOURCES OF CIVIL LIABILITY
1. Law
2. Contracts
3. Quasi-contracts
4. Delicts
5. Quasi-delicts
**Death of the accused arising from other
obligation does not extinguish…
may be continued against the estate or legal
representative of the accused after substitution or
against said estate.
Sec. 5. Judgment in civil action not a bar. –
A final judgment rendered in a civil action absolving
the defendant from civil liability is not a bar to a
criminal action against the defendant for the same
act or omission subject of the civil action.
**If no final judgement regarding civil action that it is
extinguished, even offender is acquitted civil action
will still push through.
Sec. 6. Suspension by reason of prejudicial question.
– A petition for suspension of the criminal action
based upon the pendency of a prejudicial question in
a civil action may be filed in the office of the
prosecutor or the court conducting the preliminary
investigation. When the criminal action has been filed
in court for trial, the petition to suspend shall be filed
in the same criminal action at any time before the
prosecution rests.
1. File a motion to suspend proceedings based
on pre-judicial question to
a. Office of Prosecutor- for Prelim
Investigation
b. Court- for Trial
Before the prosecution rests its case,
Make sure that filed Motion to suspend based on prejudicial question.
CRIMINAL ACTION IS SUSPENDED NOT CIIVIL
ACTION When elements of pre-judicial question is
existing.
Sec. 7. Elements of prejudicial question. –
The elements of a prejudicial questions are:
a) the previously instituted civil action involves
an issue similar or intimately related to the
issue raised in the subsequent criminal
action, and
b) the resolution of such issue determines
whether or not the criminal action may
proceed.
WHEN IS AN ACTION FOR ANNULMENT OF
MARRIAGE PREJUDICIAL
TO A BIGAMY CASE?
An action for annulment of marriage is prejudicial
to a bigamy case only if the accused in the bigamy
charge is also the one asking for annulment of the
second (bigamous marriage based on vitiation of
consent)
This is because in such a case, if the court declares
that the party’s consent is indeed vitiated and annuls
the marriage, then it would mean that the party
didn’t willingly commit the crime of
bigamy
It would thus be determinative of the guilt and
innocence of the
accused