Rule 111
PROSECUTION OF CIVIL ACTION
Section 1. Institution of Criminal and
Civil Action
1. Changes in the Rule at a Glance
Only the civil liability arising from
the offense charged is deemed
instituted with the criminal unless
the offended party waives the civil
action, reserves his right to
institute it separately, or institutes
the civil action prior to 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 which may be prosecuted
separately
even
without
reservation.
Any claim which could have been
the subject thereof may be
litigated in a separate civil action.
- A court trying a criminal case
cannot award damages in favor
of the accused.
2. History of amendment
Juridical basis of the principle of
implied institution of the civil action
with the criminal action
Art. 100 of the RPC provides that
every person criminally liable shall
also be civilly liable (ex-delicto)
Responsibility for the fault or
negligence
for
quasi-delict
is
entirely separate and distinct from
the civil liability arising from
negligence under the RPC, subject
only to the limitation that the
plaintiff cannot recover damages
twice for the same act or omission
of the defendant.
Civil liability based on delict springs
out of and is dependent upon facts
which, if true, would constitute a
crime. Such civil liability is a
necessary consequence of criminal
responsibility, and is to be declared
and enforced in the criminal
proceeding except where the
injured party reserves his right to
avail himself of it in a distinct civil
action.
Modes of Enforcement
The same act or omission which
gives rise to two separate and
distinct sources of civil liability may
be prosecuted separately and
independently of each other,
subject only to the limitation that
the satisfaction of either bars
recovery of the other, on the
principle that the plaintiff cannot
recover twice for the same act or
omission.
Civil Liability Based on Crime
People v. Amistad
- The civil liability recoverable in
the criminal action is one solely
dependent upon conviction,
because said liability arises
from the offense charged, and
no other. This is also the civil
liability
that
is
deemed
extinguished with the extinction
of
the
penal
even
with
pronouncement that the fact
from which the civil action
might proceed does not exist.
Early rulings
-
The civil action is merely
incident and consequent to the
conviction of the accused, which
may even be waived or the
prosecution thereof reserved in
a separate civil action.
Where the accused is acquitted
in the criminal case, the interest
of the State ends, and no civil
liability arising from the crime
charged could be imposed upon
him. What the private offended
party should do is to file a
separate civil action.
The Principle of Simultaneous Civil
Actions
- Civil liability arising from crime
and civil liability arising from
Arts. 32, 33, 34 and 2176 quasidelict or contract are entirely
separate and distinct from the
criminal action that may be
brought by the injured party
and
may
proceed
simultaneously; The civil liability
is not extinguished where
acquittal is based on reasonable
doubt.
Two Separate Civil Liabilities
Same Act or Omission.
from
An act or omission causing
damage to another may give
rise to two separate liabilities on
the part of the offender, i.e.
1.) civil liablity ex delito, under
Art. 100 of RPC and 2.)
Independent civil liabilities such
as those (a) not arising from an
act or omission complained of
as felony or (b) where the
injured party is granted a right
to file an independent and
distinct
criminal
action.
However, a separate civil action
based on subsidiary liability
cannot be instituted during the
pendency of the criminal case.
Exception:
-
Does not apply to BP Blg. 22
The criminal action for violation
of BP blg. 22 shall be deemed to
include the corresponding civil
action. No reservation to file
such civil action separately shall
be allowed.
The rules even prohibit the
reservation of a separate civil
action, which means that one
can no longer file a separate
civil action case after the
criminal complaint is filed in
court.
XN: when the civil action is filed
ahead of the criminal case.
The pendency of the civil action
before the court trying the
criminal case bars the filing of
another civil action in another
court on the ground of litis
pendentia.
Private
complainants
intervention in the prosecution
of the estafa and BP 22 is
justified, the only limitation is
that a recovery in one bars the
other.
Sec. 4 of PD 1606
Where the civil action had
heretofore been filed separately
but
judgment therein has not yet been
rendered, and the criminal case s
hereafter
filed with the Sandiganbayan
or the
appropriate court, said civil
action shall be
transferred
to
the
Sandiganbayan or the
appropriate
court, as the case may be, for
consolidation
and
joint
determination with
the
criminal
action, otherwise the separate civil
action shall be deemed abandoned.
The only civil liability that may thus
be imposed in a criminal action is
that arising from and consequent
to the criminal liability of the
accused on the principle that every
person criminally liable is also
civilly
liable.
This
includes
restitution, reparation of damages
caused and indemnification of
consequential damages.
- Criminal liability will give rise to
civil liability only if the same
felonious act or omission results
in damage or injury to another
and is the direct and proximate
cause thereof.
-
XN:
illegal
possession
of
firearms qualified by murder
The civil liability arising from the
death may be claimed either in a
separate action or impliedly instituted
with the criminal action for murder or
homicide.
Even
if
the
complaint
or
information is silent as to the
damages or the intention to prove
and claim them, the offender is still
liable for them, and the offended
has the right to prove and claim for
them in the criminal case, unless a
waiver or the reservation of the
civil action is made.
When reservation may be made.
The reservation of the right to
institute the separate civil
action arising from the offense
charged shall be made before
the
prosecution
starts
to
present its evidence and under
circumstances
affording
the
offended party a reasonable
opportunity to make such
reservation.
Purpose of the rule requiring
reservation is to prevent the
offended party from recovering
damages twice for the same act
or omission.
The employer must be afforded
due process, by holding a
hearing to determine his liability
on the basis of the conditions
required by law, namely:
a) the existence of an
employer-employee
relationship;
b) that the employer is
engaged in some kind of
agency;
c) that the employee is
adjudged guilty of the
wrongful act and found to
have
committed
the
offense in the discharge
of
his
duties
not
necessarily any offense
he may commit); and
d) that said employee is
insolvent
Subsidiary
liability
against
employee arises only after
conviction of the employee in
the criminal case. Any action
brought against the employer
based on its subsidiary liability
before the conviction of its
employee s premature.
Jurisprudence
instructs
that
such
reservation
may
not
necessarily be express but may
be implied which may be
inferred not only from the acts
of the offended party but also
from acts other than those of
the latter.
The court ruled that the failure
of the trial court to make any
procurement,
favorable
or
unfavorable, as to the civil
liability of the accused amounts
to a reservation of the right to
have the civil liability litigated
and determined in a separate
action.
Effect of Reservation.
- Prescription of action does not
prescribed for the civil action
that have been reserved in the
criminal action.
The civil liability arising from a
crime may be waived.
No counterclaim, cross-claim or
third-party complaint may be filed
by the accused in the criminal
case, but any cause of action which
could have been the subject
thereof may be litigated in a
separate civil action.
A court trying a criminal case
should limit itself to the criminal
and civil liability of the accused.
Subsidiary Liability
- Subsidiary
liability
of
the
employer,
including
the
amounts
thereof,
may
be
determined in the same criminal
proceedings and is reviewable
either by writ of error or through
a petition
for review on
certiorari on pure questions of
law.
- Before
the
employers
subsidiary liability may be
proceeded
against,
it
is
imperative that here should be
a criminal action whereby the
employees criminal negligence
or delict and corresponding
liability therefor are proved.
When the offended party seeks to
enforce civil liability against the
accused by way of moral, nominal,
temperate or exemplary damages,
the filing fees for such civil action
as provided in these Rules shall
constitute a first lien on the
judgment except in an award for
actual damages.
Section 2. When Separate Civil Acton
is suspended.
Suspension of civil action arising from
crimes.
- Except for civil actions provided
for n Articles 32, 33, 34 and
2176 of the Civil Code, the civil
action which has been reserved
cannot be instituted until final
judgment has been rendered in
the criminal action.
- The action contemplated herein
is a civil action arising from a
crime. If reserved or filed
separately and a criminal case
is filed, it has to be suspended
to await final judgment in the
criminal
action.
It
may,
however, be consolidated upon
application with the court trying
criminal action.
A civil action may not be
suspended under Rule 111
where the action is not to
enforce civil liability from the
crime charged.
Consolidation of Civil with Criminal
Action Even if not arising from crime.
- A court may order several
actions pending before it to be
tried together where they arise
from the same act, event or
transaction, involve the same or
like issues, and depend largely
or substantially on the same
evidence, provided, that the
court has jurisdiction over the
cases to be consolidated and
that a joint trial will not give one
party an undue advantage or
prejudice the substantial rights
of any of the parties.
- The period of prescription of the
civil action which cannot be
instituted separately or whose
proceeding has been suspended
shall not run, refer to the civil
action arising from a crime that
has not been reserved or when
it is filed ahead of the criminal
action.
- The civil action that may be
reserved is the civil arising from
the crime. The civil arising from
a quasi-delict is not suspended
but
may
proceed
simultaneously.
Effects of Judgment of Acquittal
-
Extinction of the penal action
does not carry with it extinction
of the civil. However, the civil
action based on delict may be
extinguished if there is a finding
in a final judgment that the act
or omission from which the civil
liability may arise did not exist.
In case the judgment is of
acquittal, t shall state whether
the evidence of the prosecution
absolutely failed to prove the
guilt of the accused or merely
failed to prove his guilt beyond
reasonable doubt. In either
case,
the
judgment
shall
determine if the act or omission
from which the civil liability
might arise did not exist.
Duty of Court to Award Civil Liability
Acquittal in a criminal case does
not bar continuation of the civil
case
connected
therewith
where:
a) The acquittal is based on
reasonable doubt
b) The decision contains a
declaration that the liability
of the accused is not
criminal but only civil
c) The civil liability is not
derived from or based on the
criminal act of which the
accused is acquitted.
Principles allowing separate civil
action despite acquittal even without
reservation.
- The dismissal of the information
or the criminal action (upon
motion of the Fiscal) does not
affect the right of the offended
party to institute or continue
the
civil
action
already
instituted arising from the
offense, because such dismissal
or extinction of the penal action
does not carry with it the
extinction of the civil action.
- In a criminal action, the State
must prove its case by evidence
which shows the guilt of the
defendant beyond reasonable
doubt, while in a civil action it is
sufficient for the plaintiff to
sustain
his
cause
by
preponderance of evidence only.
- If during the pendency of the
civil action, an information
should be presented by the
prosecuting attorney, the civil
action shall be suspended until
the termination of the criminal
proceedings.
Kinds of Acquittal
-
First, is an acquittal on the
ground that the accused is not
the author of the act or
omission complained of. This
instance closes the door to civil
liability, for a person who has
been found to be not the
perpetrator of any act or
omission cannot and can never
be held liable for such act or
omission.
The second instance is an
acquittal based on reasonable
doubt on the guilt of the
accused. In this case, even if
the guilt of the accused has not
been satisfactorily established,
he is not exempt from civil
liability which may be proved by
preponderance of evidence only.
The rule of extinction was
limited to civil actions based on
culpa criminal and does not
include culpa aquiliana or quasidelict.
Acquittal in a criminal action
bars the civil arising therefrom
where the judgment of acquittal
holds that the accused did not
commit
the
criminal
acts
imputed to him.
The civil liability that is deemed
extinguished is the civil liability
based on crime. But not the civil
liability based on sources of
obligation
other
than
the
criminal
offense
although
arising from the same act or
omission.
Thus, a civil action arising from
the crime charged and a civil
action with the civil code
provisions as the source of
obligation
may
proceed
simultaneously
and
independently of each other,
and a favorable and unfavorable
judgment in either case cannot
be considered as a bar to the
other.
and simplify the work of the trial
court.
Section 4. Effect of Death on Civil
Actions.
Death of accused on appeal.
- The death of the accused after
arraignment and during the
pendency of the criminal action
shall extinguish the civil liability
arising from delict.
- Though the death of an
accused-appellant during the
pendency
of
an
appeal
extinguished
his
criminal
liability,
his
civil
liability
survives.
- People v. Bayotas
Despite the death of the
accused
during the pendency of the
appeal, the proceedings shall continue
from the purpose of determining his civil
lability arising from
the crime.
-
Section 5. Judgment in civil action
not bar.
-
Section 3. When civil action may
proceed independently.
-
In the cases provided in Arts.
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 proceed independently of
the criminal action and shall
require only a preponderance of
evidence.
Libel- A criminal case for libel and a
separate and independent civil
action to enforce the civil liability
arising from the libel may be
consolidated for joint trial, where
the two (2) cases involve common
identical questions of fact and law,
and would even have the same
witnesses;
and
thus
avoid
multiplicity of suits, prevent delay,
clear congested dockets, and save
unnecessary costs and expenses,
Death
of
the
appellant
extinguished
his
criminal
liability and the civil liability
based
solely on
the
act
complained of.
a final judgment rendered in a
civil
action
absolving
the
defendant from the civil liability
is no bar to a criminal action
unless the civil is a prejudicial
question which involves an
issue similar or intimately
related to the issue raised in the
criminal, the resolution of which
determines whether or not the
criminal action may proceed.
Section 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.
Section 7. Elements of Prejudicial
Question.
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.
-
A prejudicial question involves a
similar issue in a civil action
which was pending when the
criminal action was instituted or
before the amendment, in a civil
action filed after the institution
of the criminal action.
Comes into play generally in a
situation
where
civil
and
criminal actions are pending
and the issues involved in both
cases are similar or so closelyrelated that an issue must be
pre-emptively resolved in the
civil case before the criminal
action can proceed. Thus, the
existence
of
a
prejudicial
question in a civil case alleged
in the criminal case to cause the
suspension of the latter pending
final
determination
of
the
former.
For a civil case to be considered
prejudicial to a criminal action
as to cause suspension of the
criminal action pending the
determination of the civil, it
must appear not only that the
civil case involves the same
facts upon which the criminal
prosecution is based, but also
that the resolution of the issue
raised in said civil action would
be necessarily determinative of
the guilt or innocence of the
accused.
A civil action involving the nullity of
a second marriage is of prejudicial
character and should be resolved
before the criminal case for
bigamy. Likewise, a civil action
involving title to property should
first be decided before a criminal
action for damages to said
property.
There is no prejudicial question
where one case is administrative
and the other is civil.
