In a BP 22 case, can the offended party make a reservation of the civil action?
No. The criminal action shall be deemed to include the civil action, and the offended party is not
allowed to make the reservation. The actual damages and the filing fees shall be equivalent to the value
of the check.
When is the separate civil action suspended?
After the criminal action has been commenced, the separate civil action arising therefrom cannot be
instituted until final judgment has been entered in the criminal action.
If the criminal action is filed after the civil action was instituted, the civil action shall be suspended in
whatever stage it may be found before judgment on the merits. The suspension shall last until final
judgment is rendered in the criminal action.
Nonetheless, the civil action may be consolidated with the criminal action at any time before judgment
on the merits upon motion of the offended party with the court trying the criminal action. The evidence
presented at the civil action shall be deemed reproduced in the criminal action without prejudice to the
right of the prosecution to cross-examine the witness presented by the offended party in the criminal
case and of the parties to present additional evidence. The consolidated criminal actions shall be tried
and decided jointly.
Exception: When there is a prejudicial question in a previously filed civil action, it should be resolved
first.
Are the independent civil actions also deemed suspended with the filing of the criminal action?
No. Only the civil action arising from the crime under Article 100 is suspended. The independent civil
actions are not suspended and may continue even if the criminal action has been instituted. However,
the offended party may not recover twice from the same act. He should only get the bigger award.
What is the effect of an acquittal on the civil action?
The general rule is the civil action is not necessarily extinguished by the acquittal of the accused. Even if
the accused is acquitted, the court can still award civil liability in the following cases:
When the acquittal is based on reasonable doubt
When there is a declaration in the decision that the liability of the accused is only civil
When the civil liability is not derived from or based on the criminal act of which the accused is acquitted.
However, if the decision contains a finding that the act from which the civil liability may arise does not
exist, the civil liability is extinguished.
Can you compel a judge by mandamus to award civil damages?
Yes because every person criminally liable is also civilly liable and also because even if the accused is
acquitted, there are cases when he is still civilly liable.
What is the reason for allowing the civil liability to subsist in spite of the acquittal of the accused?
This is because the parties in the criminal and civil action are different – in the criminal action, the party
is the state, while in the civil action, the party is the private offended party. Also, the two actions
required different quantum of evidence. The criminal action requires proof of guilt beyond reasonable
doubt, while the civil action requires mere preponderance of evidence.
