Correlate with Correlate Rule Distinguish Article 100 of the 111 of the between Revised Penal Revised Rule of Dependent Civil Code and Criminal Action and Procedure. Independent Civil DEPENDENT CIVIL ACTIONS are those actions seeking civil liability from the offender for acts which arose from the same acts or omission subject of the criminal action. Ex. A was accused of theft, but he was acquitted because of his guilt had not been proved beyond reasonable doubt. B, the offended party, can institute civil action for damages for the same act and this time, mere preponderance of evidence is required. INDEPENDENT CIVIL ACTIONS are those actions which may proceed independently of criminal actions and require only preponderance of evidence. Ex. These are found in Arts. 32,33, 34 and 2176 of the Civil Code.EVIDENTIARY PROOF REQUIRED CRIMINAL CASES - Proof beyond reasonable doubt. (hardest to prove) CIVIL CASES - Preponderance of Evidence - means that the evidence presented by one side is superior to that of the other. ADMINISTRATIVE CASES - Substantial Evidence -it is satisfied when there is reasonable ground to believe, based on the evidence submitted, the respondent is responsible for the misconduct complained of. Under Article 100 of the Revised Penal Code: A person who is criminally liable is also civilly liable. Under Rule 111 of the Rules of Court A Dependent Civil Action can be: 1. Instituted together with the criminal action; 2. Waived 3. Reserved 4. Filed Ahead ARTICLE 29 1. If the acquittal of the accused is based on reasonable doubt, private offended party can still file a civil action for damages based on the same act or omission which now requires only preponderance to establish the claim. 2. If the acquittal is based on pure innocence - the accused cannot be made civilly liable.ARTICLE 31 - Civil obligations not arising from a criminal offense. - It arises from some other acts such as contract based on culpa contractual or legal obligation to return money malversed or based on quasi-delict. Ex. Due to the reckless imprudence of a driver of a bus company, the bus feel off a cliff causing death and injury to passengers, However, the driver was acquitted in the criminal case for homicide and reckless imprudence as his guilt was not proven beyond reasonable doubt, The passengers can file a civil case against the bus company for the failure of the bus company to cari its Passengers safely to its destination which is culpa contractual. INDEPENDENT CIVIL ACTIONS Le Articles 32, 33, 34 and 2176 of the Civil Code. ARTICLE 32 It provides for the imposition of damages upon any public officer or public employee or private person , who directly or indirectly obstructs, defeats and violates or in any manner impedes or impairs the 19 listed rights and liberties. ARTICLE 33 ee) It covers three groups of offenses: 1. Defamation - covers libel (written) or slander (oral) see Arts 355 and Art 358 of the Revised Penal Code; 2. Fraud - covers Estafa or swindling or other deceits under Art 315, 316, 317 and 318 of the Civil Code; 3. Physical Injuries — this term is not confined to the crime of physical injuries under Arts 262-266 of the Revised Penal Code but covers all of physical injuries including attempted, frustrated and consummated homicide.