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RULE: Civil liability may exist, although the accused is not held
criminally liable, in the following cases:
RULE: In the cases provided for in Articles 32, 33, 34 and 2176
ofthe Civil Code ofthe Philippines,
- 1. Acquittal guilt has not been proved beyond
- the independent civil action may be brought by the
reasonable doubt — When the accused in a criminal
offended party.
prosecution is acquitted on the ground that his guilt
- It shall proceed independently of the criminal action
has not been proved beyond reasonable doubt, a civil
and
action for damages for the same act or omission may
- shall require only a preponderance of evidence.
be instituted. (Art. 29, Civil Code)
- In no case, however, may the offended party
- RULE: Award in judgment of acquittal. The
recover damages twice
court may acquit an accused on reasonable
- for the same act or omission charged in the
doubt and still order payment of civil
criminal action. (Sec. 3)
damages already proved in the same case
- without need for a separate civil action.

RULE: (a) After the criminal action has been commenced, the
- Acquittal from a cause of nonimputability. — The
separate civil action arising therefrom cannot be instituted
exemption from criminal liability in favor
until final judgment has been rendered in the criminal action;
- of an imbecile or insane person,
- and a person under fifteen years of age, or
RULE: (b) If the criminal action is filed after the said civil action
one over fifteen but under eighteen years of
has already been instituted, the latter shall be suspended in
age, who has acted without discernment,
whatever stage it may be found before judgment on the
- and those acting under the compulsion of an
merits.
irresistible force
- or under the impulse of an uncontrollable fear
- The rule which requires the suspension ofthe civil
of an equal or greater injury,
case after the criminal action has been
- does not include exemption from civil liability.
commenced, refers to the commencement of the
(Art. 101, Revised Penal Code)
criminal action in court and not to the mere filing of
-
a complaint with the prosecuting officer. (Coquia, et
- 3. Acquittal in the criminal action for negligence
al. vs. Cheong, et al, [Unrep.] 103 Phil. 1170)
- does not preclude the offended party from
filing a civil action to recover damages,
RULE: Nevertheless, before judgment on the merits is rendered
- based on the new theory that the act is a
in the civil action, the same may,
quasi-delict. (Art. 2177, Civil Code)
- upon motion of the offended party,
- be consolidated with the criminal action in the court
- 4. When there is only civil responsibility. —
trying the criminal action.
- When the court finds and so states in its
- In case of consolidation, the evidence already
judgment that there is only civil responsibility,
adduced in the civil action shall be deemed
- and not criminal responsibility,
automatically reproduced in the criminal action
- and that this finding is the cause of acquittal.
without prejudice to the right of the prosecution to
(De Guzman vs. Alva, 51 O.G. 1311)
cross-examine the witnesses presented by the
offended party in the criminal case and of the
- 5. In cases of independent civil actions. (Arts. 31, 32, 33,
parties to present additional evidence.
and 34, Civil Code)
- The consolidated criminal and civil actions shall be
tried and decided jointly. (Sec. 2)

Provisions of the Revised Rules of Criminal Procedure (Rule
111) on the prosecution of civil action arising from offenses:
RULE: 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 the offended party waives the civil
action,
- reserves the right to institute it separately,
- or institutes the civil action prior to the
criminal action. (Sec. l[a], 1st par.)
RULE: The criminal action for violation of Batas Pambansa Big.
22 shall be deemed to include the corresponding civil action.
No reservation to file such civil action shall be allowed. (Sec.
l[b], 1st par.)
RULE: Sec. 2 of Rule 111 applies only
- (1) when the claimant in the civil action is the
offended party in the criminal action and
- (2) both cases arise from the same offense.
RULE: Sec. 2(a) of Rule 111 applies only to civil liability arising
from crime.
- Thus, when the cause of action in the civil case is
based on culpa contractual
- and not on the civil liability arising from the
offense involved in the criminal case,
- Sec. 2(a) (Sec. 1, Rule 107, then 3[b], Rule 111) of
Rule 111, Rules of Court, does not apply
- and the trial court erred in suspending the hearing of
the civil case until the final determination of the