RULE 111 (PROSECUTION OF CIVIL ACTION) 2.
2. to isolate him from society NOTE: the real party in interest in the civil aspect
GENERAL RULE: When a criminal action is
instituted, the civil action for the recovery of the
civil liability arising from the offense charged shall
be deemed instituted with the criminal action.
(Art. 100 RPC)
: Every act or omission punishable by law has its
accompanying civil liability.
2 ENTITIES OFFENDED BY THE ACT
(TRADITIONAL THEORY)
(a) The society in which he lives in (State)
(b) The individual member of that society
whose person, right, honor, chastity or
property was actually or directly injured or
damaged by the same punishable act or
omission.
GR: The civil action is deemed instituted with the
criminal action
EXP:
(1) The offended party waives the civil action
(2) Reserves the right to institute it separately
(3) Institute the civil action prior to the criminal
action.
PURPOSES OF THE CRIMINAL AND CIVIL
ACTION:
CRIMINAL ACTION
1. to punish the offender in order to deter him
and other from committing the same or
similar offense
3. reform and rehabilitate him
4. to maintain social order
CIVIL ACTION
1. the resolution, reparation or
indemnification of the private offended
party for the damage or injury he sustained
by reason of the delictual or felonious act
of the accused.
INTERVENTION OF THE OFFENDED PARTY
: he may intervene by counsel in the prosecution
of the offense where the civil action for the
recovery of the civil liability is instituted in the
criminal action.
CRIMES WITH NO CIVIL LIABILITY
 espionage
 violation of neutrality
 flight to an enemy country
 crime against popular representation
JUDGMENT OF CONVICTION: in case of
conviction, the trial court should state the civil
liability or damages caused by the wrongful act or
omission to be recovered from the accused by
the offended party, if there is any and if the filing
of the civil action has not been reserved,
previously instituted or waived.
of a decision are the offended party and the
accused.
INDEPENDENT CIVIL ACTIONS AND QUASI-
DELICTS
2 SEPARATE CIVIL LIABILITIES OF THE
OFFENDER
(1) Civil liability ex delicto- civil liability
arising from the criminal offense (Art. 100
RPC)
: impliedly instituted with the criminal
offense.
(2) Independent civil liability- civil liability
that may be pursued independently of the
criminal proceedings.
: an obligation not arising from the act
complained of as a felony (Art. 31 of the
Civil Code)
: may also based on an act or omission
that may constitute a felony but,
nevertheless, treated independently from
the criminal action by specific provision o
Art. 33 of the Civil Code.
ART. 2177 OF THE CIVIL CODE: the
responsibility arising from a quasi-delict is entirely
separate and distinct from the civil liability arising
from negligence under the Penal Code.
PROVISIONS OF CIVIL CODE THAT MAY BE
INSTITUTED SEPARATELY
  Aart. 2176
 Art 32
 Art 33
 Art. 34
FELONIES THAT GIVE RISE TO
INDEPENDENT CIVIL ACTION
 Defamation
 Fraud
 Physical injuries
 Estafa based on fraud
CONSEQUENCES OF INDEPENDENT ACTION
1. The right to bring the civil action shall
proceed independently of the criminal
action
2. The quantum of evidence required is
preponderance of evidence
3. –
a. The right to bring the foregoing
actions based on the civil code
need not be reserved in the criminal
prosecution, since they are not
deemed included therein
b. The institution or waiver of the right
to file a separate civil action arising
from the crime charged does not
extinguish the right to bring an
independent civil action
c. Even if a civil action is filed
independently, the ex delicto civil
liability in the criminal prosecution
remains, and the offended party
may—subject to the control of the
AN prosecutor—still intervene in the
criminal action, in order to protect
the remaining civil interest therein.
NO IMPLIED INSTITUTION OF CIVIL
ACTION
a. When the offended party waives the
civil action;
b. When the offended party reserves the
right to institute the civil action
separately
c. When the offended party institutes the
civil action prior to the criminal action.
RESERVATION OF THE CIVIL ACTION:
if the offended party desires to reserve the
right to institute the civil action after the
criminal action has been instituted, the
reservation shall be made before the
prosecution starts presenting its evidence.
CIVIL LIABILITY IN BP 22
:it is explicitly clear that the corresponding
civil action is deemed included and that a
reservation to file such separately is not
allowed.
: A separate proceeding for the recovery of
civil liability in case of violation of BP 22 is
allowed when the civil case is filed
ahead of the criminal case
SEPARATE CIVIL ACTION IS
SUSPENDED
: after the criminal action is commenced,
the separate civil action arising therefrom
cannot be instituted until final judgment
has been entered in the criminal action
: If the offended party does so and later,
during the pendency of the civil action, the
criminal action is commenced, the civil
action already instituted shall be
suspended, in whatever state of the
proceedings it may be found, as long as
no judgment o the merits has yet been
entered in the civil action.
: In independent civil actions, these actions
proceed independently of the criminal
action.
CLAIMS: A court cannot entertain
counterclaims, cross-claims, and third-
party complaints in the criminal action.
(Rule 111)
FILING FEES: shall be paid when
damages are being claimed by the
offended party
 RULES:
a. There are no filing fees required
for actual damaged claimed
unless required by the Rules.
b. Shall be paid by the offended
party upon the filing of the
criminal action in court where he
seeks for the enforcement of the
civil liability of the accused by
way of moral, nominal,
temperate or exemplary
damages but other than actual
damages, and where the
amount of such damages is
specified in the complaint or
information.
If the amount is not specified in
the complaint or information but
any of the damages is
subsequently awarded, the filing
fees assessed in accordance
with the Rules shall constitute a
first lien on the judgment
awarding such damages.
NOTE: Filing fees are due for
each count.
DEATH OF THE ACCUSED ON CRIMINAL
LIABILITY: death of the accused prior to final
judgment, as when he dies pending appeal of his
conviction, extinguishes his criminal liability.
DEATH OF THE ACCUSED ON CIVIL
LIABILITY
1. DEATH AFTER ARRAIGNMENT: if the
accused dies after arraignment and during
the pendency of the criminal action, the
civil liability of the accused arising from the
crime is extinguished grounded as it is on
the criminal action.
2. INDEPENDENT CIVIL ACTION/ CIVIL
LIABILITYS ARISING FROM SOURCES
OF OBLIGATION: they may continue
against the estate or legal representative
of the accused after proper substitution or
against the estate as the case may be.
NOTE: the policy against double recovery
requires that only one action be
maintained for the same act or omission,
whether the action is brought against the
executor or administrator, or the estate
3. DEATH BEFORE ARRAIGNMENT: if the
accused dies before arraignment, the case
shall be dismissed but the dismissal shall
be without prejudice to any civil action
which the offended party may file against
the estate of the deceased
NOVATION: novation is not one of the grounds
prescribed by the RPC for the extinguishment of
criminal liability.
: criminal liability for estafa is not affected by a
compromise or novation of contract (Catena
case)
: reimbursement or belated payment to the
offended party of the money swindled by the
accused does not extinguish the criminal liability
of the latter.
EFFECT OF ACQUITAL ON THE CIVIL ACTION
OR CIVIL LIABILITY
GEN. RULE: the extinction of the penal action
does not carry with it the extinction of the civil
liability where:
(a) the acquittal is based on reasonable
doubt as only preponderance of
evidence is required;
(b) the court declares that the liability of
the accused is only civil
(c) the civil liability of the accused does
not arise from or is not based upon the
crime of which the accused is
acquitted.
CIVIL ACTION BASED ON DELICT may be
deemed extinguished if there is a finding on the
final judgment in the criminal action that:
(a) the prosecution absolutely failed to prove
the guilt of the accused
(b) the act or omission from which the civil
liability may arise did not exist, or
(c) where the accused did not commit the acts
or omission imputed to him.

KINDS OF ACQUITTAL
(1) ON THE GROUND THAT THE ACCUSED
IS NOT THE AUTHOR OF THE ACT OR
OMISSION: closes the door to civil liability
(2) BASED ON REASONABLE DOUBT ON
THE GUILT OF THE ACCUSED: even if
the guilt of the accused has not been
established beyond reasonable doubt, he
is not exempt from civil liability because
such liability may be proved by mere
preponderance of evidence.
RULES IN INDEPENDENT CIVIL ACTIONS: in
instances where an independent civil action
exists, the acquittal of the accused, on whatever
ground is irrelevant.
PAYMENT OF CIVIL LIABILITY: payment of civil
liability does not extinguish criminal liability.
: there may be a compromise upon the civil
liability arising from the offense, such
compromise shall not extinguish the public action
for the imposition of the legal penalty
ADMINISTRATIVE CASES: the acquittal of an
accused who is also a respondent in an
administrative case does not conclude the admin
proceedings, nor carry with it relief from admin
liability.
LIABILITIES OF EMPLOYER
ELEMENTS:
(1) They are indeed the employers of the
convicted employees
(2) They are engaged in some kind of industry
(3) The crime was committed by the
employees in the discharge of their duties
(4) The execution against the latter has not
been satisfied due to insolvency.
PREJUDICIAL QUESTION: that which arises in
a case the resolution of which is a logical
antecedent of the issue involved in the criminal
case and the cognizance of which pertains to
another tribunal. It is determinative of the criminal
case but the jurisdiction to try and resolve it is
lodged in another tribunal. It is based on a fact
distinct and separate from the crime but is so
intimately connected with the crime that it
determines the guilt or innocence of the accused.
: when a civil action and a criminal action are
both pending and there exists, in the former case,
an issue which must be preemptively resolved
before the latter case may proceed because the
resolution of the civil action is determinative of
the guilt or innocence of the accused in the
criminal case
REASON: to avoid conflicting decisions in the
civil and in the criminal case.
REQUISITES:
(a) The civil case involves facts intimately
related to those upon which the criminal
prosecution would be based
(b) The resolution of such issue or issues
raised in the civil action, the guilt of the
innocence of the accused would
necessarily be determined;
(c) Jurisdiction to try said question must be
lodged in another tribunal.
EXCEPTION OF PREJUDICIAL QUESTION
(a) Both cases are criminal
(b) Both are civil
(c) Both cases are administrative
(d) One case is administrative and the other is
civil
(e) One case is administrative and the other is
criminal.
(f) If the criminal case was instituted prior to
the civil case
(g) Criminal information was filed ahead of the
complaint in the civil case.
EFFECT OF THE EXISTENCE OF A
PREJUDICIAL QUESTION: a petition for the
suspension of the criminal action based upon the
pendency of a prejudicial question in a civil action
may be filed.
: should be made at the first instance in the
criminal action, and not before the SC in an
appeal from the civil action.
: when there is a prejudicial question, the action
to be suspended is the criminal and not the
previously instituted civil action.

WHERE TO FILE: it is sufficient that the case be

in the stage of Preliminary investigation as long
as there has already been a previously instituted
civil case.
: the suspension is not to be filed in the civil case
but in the criminal case.

INDEPENDENT CIVIL ACTION AS A

PREJUDICIAL QUESTION: an independent civil
action proceeds independently of the criminal
action.
: An independent civil action based on fraud,
initiated by the defrauded party does not arise a
prejudicial question to stop the proceedings in a
pending criminal prosecution of the defendant for
estafa through falsification. This is because the
result of the independent civil action is irrelevant
to the issue of guilt or innocence of the accused.