CIVIL LIABILITY
decide in favor of one party against another
ARISING FROM
CRIMINAL OFFENSES
BASIS (A RTICLE 100, RPC)
Art. 100 RPC. Civil Liability of a person guilty of felony
– Every person criminally liable for a felony is also
civilly liable
ACQUITTAL OF ACCUSED AND NO CIVIL
LIABILITY AWARDED BY COURT - REMEDY
OF OFFENDED PARTY (A RTICLE 29, C IVIL
CODE)
Art 29 NCC. When the accused in a criminal
prosecution is acquitted on the ground that his guilt has
not been proved beyond reasonable doubt, a civil action
for damages for the same act or omission may be
instituted. Such action requires only a preponderance of
evidence. Upon motion of the defendant, the court may
require the plaintiff to file a bond to answer for damages
in case the complaint should be found to be malicious.
If in a criminal case the judgement of acquittal is based
upon reasonable doubt, the court shall so declare. In the
absence of any declaration to that effect, it may be
inferred from the text of the decision whether or not the
acquittal is due to that ground.
Criminal Prosecution
 is a proceeding for the determination of the guilt of
an accused.
 A proceeding where a person, called an accused
must stand before a judge
 This judge will decide if a crime was committed, if
it was committed by the accused, the degree of his
or her participation in the crime
 If the judge finds that the accused committed the
crime and should be punished for it, the judgement
is called conviction
 If the judge finds that no crime was committed or
that the accused is not guilty of the crime
committed, then the judgement is called an
acquittal.
Sec. 2 Par 4 of Rule 111 –
Gen rule: The extinction of the penal action does not
carry with it extinction of the civil action.
Exp: However, the civil action based on delict shall be
deemed extinguished if there is a finding in a final
judgment in the criminal action that the act or omission
from which the civil liability may arise did not exist.
DISTINCTION BETWEEN "PREPONDERANCE OF
EVIDENCE IN CIVIL CASES AND PROOF BEYOND
REASONABLE DOUBT IN CRIMINAL CASES"
Quantum of evidence
 refers to the degree of proof required for a judge to
 it is not a question of amount but a question of
whether or not a party is able to produce the degree
of proof required for each class of proceeding
Quanta of Evidence (lowest to highest)
Substantial evidence
 Section 5 of Rule 133 - in cases filed before
administrative or quasi-judicial bodies, a fact may
be deemed established if it is supported by
substantial evidence, or
 that amount of relevant evidence which a reasonable
mind might accept as adequate to justify a
conclusion.
Preponderance of evidence
 Section 1 of Rule 133 – In civil cases, the party
having burden of proof must establish his case by a
preponderance of evidence. In determining where
the preponderance or superior weight of evidence
on the issues involved lies.
 Preponderance of evidence considers
o All the facts and circumstances of the case
o The testimony of the witnesses, how they
testified and the probability or
improbability of their testimony
o The number of witnesses
Clear and convincing evidence
 The law does not give an exact definition
 Clear and convincing evidence is more than mere
preponderance of evidence but not to the extent of
such certainty as is required beyond reasonable
doubt
 Clear and convincing evidence is required when
1. Granting or denying bail applications
2. Overturning disputable presumptions
3. Invoking justifying circumstances such as self
defense
Proof beyond reasonable doubt
 Section 2 of Rule 133 - in a criminal case, the
accused is entitled to an acquittal, unless his guilt is
shown beyond reasonable doubt.
 Proof beyond reasonable doubt does not mean such
a degree of proof, excluding possibility of error,
produces absolute certainly.
 Judges are only required to reach moral certainly
on, or that degree of proof which produces
conviction in an unprejudiced mind.
SUMMARY :

Gen Rule: Every person criminally liable is

also civilly liable (Art 100 of RPC) EFFECT OF DEATH OF ACCUSED ON CIVIL ACTIONS
There are four periods or stages in the prosecution of a
criminal case when the accused might die.

1. If the accused dies before arraignment, (Sec 4 Par

Expn: is that, when a person is NOT
criminally liable because of reasonable doubt 4 of Rule 111)
- then the accused can stil be held civilly
liable. (Art 29 of NCC) a. Criminal liability - is extinguished
b. Civil liability – the private offended party
can still file a case against the estate of the
deceased.
Expn to Expn: is when the act or ommission
from which the civil liability may arise, does 2. The death of the accused is after arraignment and
NOT exist. when this happens, the accused during the pendency of the criminal proceeding.
incurrs zero criminal liability (Sec 2. par 4 of
Rule 111) a. Criminal Liability – is extinguished (Sec
1 Art. 89 of the RPC)
b. Gen rule: Civil liability - arising from
CASES: the delict shall be extinguished. (Sec 4
1) PEOPLE v. BAYOTAS 236 S 239 Par 1 of Rule 111)
2) DALURAYA v. OLIVIA 744 S 193 Expn: when the independent civil
3) PEOPLE v. DIONALDO 770 S 350 action may proceed independently in
4) DY v. PEOPLE 800 S 39 cases provided in
i. Independent civil actions: Art.
5) PEOPLE v. CALOMIA 845 S 364
32, 33, 34 and 2176 of the
6) Kane v. Roggenkamp, G.R. No. 214326, [July 6, NCC, (Sec 3 of Rule 111) or;
2020] ii. If the civil aspect of the case has
been reserved and later on filed
DEPENDENT CIVIL ACTIONS : by the private offended party,
then the civil action will also
proceed after the substitution of
the parties (i.e. The heirs of the
Article 30. NCC - When a separate civil action is
accused may be substituted for
brought to demand civil liability arising from a criminal
the deceased without requiring
offense, and no criminal proceedings are instituted
the appointment of an executor
during the pendency of the civil case, a preponderance
or administrator) (Sec 4 of Rule
of evidence shall likewise be sufficient to prove the act
111)
complained of.
3. During appeal (of the civil aspect since the
WHEN ARE DEPENDENT CIVIL ACTIONS INSTITUTED criminal aspect may not be appealed)
AND ITS EXCEPTIONS ? a. Criminal Liability – is extinguished (Art.
89 of the RPC)
Sec 1 of Rule 111 of the Rules of Court – when a b. Gen rule: Civil liability - arising from
criminal action is instituted, the civil action for the the delict shall be extinguished. (Sec 4 of
recovery of civil liability arising from the offense Rule 111)
charged shall be deemed instituted with the criminal Expn: Only the civil liability of the
action (basis Art 100 of RPC) accused arising from the crime or
delict is extinguished.
Gen rule: Civil Action is deemed to have been instituted i. If the private offended party can
within the criminal action anchor his or her claim for
Expn: damages upon another source of
1. Such party has waived the civil action obligation such as a contract,
2. Such party reserves the right to institute such quasi-contract, or quasi-delict or
civil action separately some other provision of law,
3. Such party institutes such civil action prior to then the civil action based on
the criminal action another source of obligation
will prosper.

NOTES:
 Appeal – a remedy where a decision of a lower
court or a quasi-judicial body is taken up to the next
higher court.
 The defendant once acquitted of the crime, the
prosecution is prohibited to appeal the criminal
aspect of the case. (Art III (Bill of Rights) Sec. 21-
1987 Constitution - provision against double
jeopardy)
 When the court orders the acquittal of the accused
but orders him to pay excessive damages - The
accused may still appeal his case.
 When the court orders the acquittal of the accused
but orders him to pay insufficient damages or does
not order him to pay damages at all – The private
offended party may also appeal in the latter’s favor.
4. After judgment (four scenarios may occur)
a. If the accused is convicted and is liable to
pay
b. If the accused is convicted but he is not
liable to pay
c. If the accused is acquitted and is liable to
pay
d. If the accused is acquitted but he is not
liable to pay
In all of these four scenarios the civil liability of the
accused is not extinguished (Art. 100 of RPC)
W HEN TO MAKE A RESERVATION TO INSTITUTE A
SEPARATE CIVIL ACTION:
Sec 1 of Rule 111 – the reservation has to be made
1. Before the prosecution starts to present its
evidence
2. Under the circumstances affording the
offended party reasonable opportunity to make
such reservation. (pre-trial)
HOW TO MAKE A RESERVATION TO INSTITUTE A
SEPARATE CIVIL ACTION:
The reservation of the right to file a separate civil action
may be EXPRESS or IMPLIED. Sarmiento vs CA –
It is EXPRESS when the party makes a motion to
reserve the right to file a separate civil action
It is IMPLIED when
1. The court finds that the remedy of the offended
party is civil, NOT criminal, or
2. The court fails to make a ruling on the civil
aspect of the case
The appearance of the offended party in the criminal
case through a private prosecutor may NOT per se be
considered either as an implied election to have his
claim for damages determined in said procedings or a
waiver of his right to have it determined separately.
He must ACTUALLY or ACTIVELY intervene in the
criminal proceedings as to leave no doubt with respect
to his INTENTION to press a claim for damages in the
same action. Sarmiento vs CA –
The practical effect is that it stops the running of the
prescriptive period.
ABSOLUTE PROHIBITION ON RESERVING
DEPENDENT CIVIL ACTION
There are (3) kinds of cases where the reservation of the
separate civil action is NOT allowed
1. Cases falling under Batas Pambansa blg. 22 or
the bouncing checks law (to preserve
resources of the Judiciary due to the high
number of BP 22 cases)
2. Cases falling under the jurisdiction of the
Sandiganbayan (for the lack of a private
offended party)
3. Tax cases as provided under Republic Act No.
9262 (for the lack of a private offended party)
May the accused himself who wants to file a civil case
against the private offended party reserve the right to
institute a separate civil action?
No. – The accused cannot make a reservation to file a
separate civil action. Sec 1 of Rule 111 – “no
counterclaim, cross-claim, or third-party complaint may
be filled 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.
Last sentence of Sec 3 of Rule 111 – xxx In no case,
however, may the offended party recover damages twice
for the same act or omission charged in the criminal
action.
INDEPENDENT CIVIL ACTIONS (ARTICLES
31, 32, 33, 34 AND 2176, C IVIL CODE)
Article 31. NCC When the civil action is based on an
obligation not arising from the act or omission
complained of as a felony, such civil action may proceed
independently of the criminal proceedings and
regardless of the result of the latter.
Independent Civil action
 a civil action that arises from any other source of
obligation except from a crime of felony
 they may be filed at any time, even when there is a
pending criminal prosecution
 the acquittal or conviction of the accused in the
criminal action has no bearing, no impact on the
outcome of the independent civil action.
Two (2) important rules that bind independent civil
actions
1. the quantum of evidence required in
independent civil actions is mere
preponderance of evidence
2. the injured party cannot in any way, recover
twice the damages. He or she cannot recover
damages in the criminal case and at the same
time the independent civil action.
Obligation
Art. 1156. NCC. Obligation – a juridical necessity to
give, to do, or not to do.
Manresa Definition of Obligation
 An obligation is a legal relation created between
one person (the creditor) and another (the debtor),
in which the latter is bound to comply with a
prestation which the former has a right to demand
from him.
Justice BL Reyes and Jose Arias Ramos
 An obligation is a juridical relation whereby a
person (creditor) may demand from another
(debtor) the observance of a determinate conduct,
and in case of breach, may obtain satisfaction from
the assets of the latter.
Article 1157.NCC. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
Classes of Independent Civil Actions:
1. Art 32 NCC. - the breach of constitutional
and other rights
2. Art 33 NCC – covers Defamation, Fraud, or
Physical Injuries
3. Art 34 NCC – the refusal or failure of city or
municipal officers to give protection
4. Art 2176 NCC – quasi delicts or culpa
aquiliana
Note: no reservation to file a separate civil action is
required for independent civil actions because they are
independent. i.e. independent civil actions can be filed
before, after, or even during the pendency of the criminal
prosecution.
Example:
P was the passenger of a bus driven by D. D, had just
taken over the shift and was visibly drunk when he took
the wheel.
Also traveling on the same road but on the opposite
direction, was a passenger jeepney driven by J. Onboard
was the spouses Mr. and Mrs. S and their dog K.
When the two vehicles passed each other, the bus
sideswiped the jeep. D lost control of the bus and
collided against a parked vehicle on the side of the road.
J was also unable to regain control of the jeep and it
rolled over a cliff and destroyed a house owned by H.
As a result of the accident, P was injured and completely
lost all sensation from the waist down. The Spouses S
died but their dog K survived. H lost his house but
managed to survive.
Counsel for P
P has the option to file:
 Criminal case of reckless imprudence resulting to
serious physical injuries against D, the driver of
the bus. D was drunk at the time of the accident and
he must be held liable therefore. The quantum of
proof is proof beyond reasonable doubt. If the driver
cannot pay the bus company must step in to be held
accountable for the damages (master servant rule -
Respondeat Superior)
 (Independent civil action) - P can also file for a
civil case of breach of contract of carriage. When
P bought a ticket, the operator of the bus had an
unconditional obligation to transport P to her
destination exercising extraordinary diligence. The
quantum of proof is merely a preponderance of
evidence since the breach of a contract of carriage is
only a civil case.
 (Independent civil action) - P can also file a Civil
action under Art 2176 of the NCC – Quasi Delicts.
The law provides that whoever causes damage there
being fault or negligence is obliged to pay for the
damage caused. This case should be filed against
the driver and the operator. The quantum of proof
required is mere preponderance of evidence.
The only bar for P to recover damages is provided in
Last sentence of Sec 3 of Rule 111 – xxx In no case,
however, may the offended party recover damages twice
for the same act or omission charged in the criminal
action.
Note: that the independent civil action that may be filed
by P is NOT under art 33 of the NCC but under Art. 2176
of the same code.
Counsel for the Spouses S and their dog K
 The answer is essentially the same for P.
 The main difference is that the family can also file
for a separate independent civil action under Art 33
of the NCC. Which covers Physical Injuries. Such
civil action shall only require a preponderance of
evidence.
Who is liable for H and for the destruction of his
house?
 H can sue both drivers for a Criminal case of
reckless imprudence resulting to damage to
property under Art. 346 of RPC.
 H can also sue both operators for a separate
independent Civil case under Art 2176 of the NCC.
– Quasi-Delicts.
 Since H is not a passenger of either vehicles, he has
no cause of action for breach of contract of carriage.
 H cannot also recover twice, once in the criminal
case and another for the civil case.
Article 33. In cases of defamation, fraud, and physical
injuries a civil action for damages, entirely separate and
distinct from the criminal action, may be brought by the
injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall
require only a preponderance of evidence.
REASONS WHY WE HAVE INDEPENDENT CIVIL
ACTIONS
Justice Paras: -
Independent civil actions serve as a safeguard against
potential inaction of the prosecutor. If the prosecutor
says that the police has no liability we the people can do
nothing about it. However, because of the independent
civil actions, we are now free to come to court, on our
own terms, to hold people responsible, regardless of the
conclusions drawn by our prosecutors.
We can file a case even if the prosecutor did not do any
action because the criminal case and the civil case exist
on two separate parallel realities.
The conviction or acquittal of the accused has no bearing
on our right to come to court and demand damages.
INSTANCES WHEN ART 33 OF THE NCC IS
APPLICABLE
Defamation - Title 13 of the RPC
 The imputation of a crime, vice, or defect, real or
imaginary, or even any act or omission, status or
circumstance.
o This imputation must be directed upon
another person, publicly and with the
intention to dishonor, discredit, or
contempt of the person so defamed.
o This imputation must be with intent to
injure another person. It must be made in
bad faith.
 Defamation is punished because the law treats our
reputation on the same level as our life, liberty, and
property.
Gen rule: The law presumes that every act of
defamation was made in bad faith
Exp:
 When the communication was made privately in the
performance of any legal, moral or social duty
 The communication is a fair and true report, made
in good faith, involving judicial, legislative, or other
official proceedings, that are not confidential in
nature.
Fraud - (Chapter 6 of Title 10 of the RPC) or other
crimes punished under special laws
Tsuneishi Heavy Industries vs. MIS Maritime
Corporation
 Fraud is the voluntary execution of a wrongful act
or a willful omission, while knowing and intending
the effects that naturally and necessarily arise from
that act or omission.
 In its general sense, fraud is deemed to comprise
anything calculated to deceive – including all acts
and omission and concealment involving a breach
of legal or equitable duty, trust, or confidence justly
reposed – resulting in damage to or undue
advantage to another
 Fraud is also described as embracing all
multifarious means that human ingenuity can
device, and is resorted to for the purpose of securing
an advantage over another by false suggestion or by
suppression of truth; and it includes all surprise,
trick, cunning, dissembling, and any other unfair
way by which another is cheated.
Elements of Fraud:
1. the execution of the act must be voluntary
2. the act done with knowledge and intention
3. the act must involve some deception
4. the act must result in damage or undue
advantage over another.
Kinds of Fraud:
1. Fraud in factum or Fraud in Esse – the fraud
in the performance of an obligation
2. Fraud in Inducement – fraud that was used in
obtaining someone’s consent.
Other Kinds of Fraud under the NCC
1. Extrinsic Fraud – any fraudulent act of the
successful party in a litigation which is
committed outside the trial of a case against
the defeated party, or his agents, attorneys or
witnesses, whereby said defeated party is
prevented from presenting fully and fairly his
side of the case
2. Intrinsic Fraud – refers to acts of a party in a
litigation during the trial, such as the use of
forged instruments or perjured testimony
Physical Injuries as applied in Art 33 –
 Does not only cover crimes of Physical Injuries as
applied in Chapter 2 of Title 8 of the RPC.
 Refers to the ordinary meaning of the phrase – so
long as there is bodily harm
 In Art 33. – includes, murder, homicide, parricide,
infanticide, and mutilation
 The stage of execution (attempted, consummated,
frustrated) is not important
 Gen rule: “physical injuries” is used in its generic
or ordinary sense.
Exp:
o Criminal negligence under Art 346 of
RPC committed under simple or reckless
imprudence.
Note:
The reason why reckless imprudence or simple
imprudence is excluded from Art. 33 is because all of the
three acts mentioned here – defamation, fraud, and
physical injuries requires malice. The defamation, fraud
or physical injuries must all be committed with the
intention to cause injury or damage.
Reckless or simple imprudence is still an independent
civil action. The basis however is not on Art 33 of the
NCC but on Art 2176 of the same code.
SUMMARY FOR A RT 33:
1. Art 33 of the NCC provides an independent civil
action for defamation, fraud, and physical injuries.
a. Defamation covers criminal offenses such
as libel, slander, and cyber-libel
b. Fraud includes estafa and credit card
fraud
c. Physical injuries covers all forms of
bodily harm, except: those committed by
reckless or simple imprudence
2. The basis for the independent civil actions under
Art 33 is the presence of malice or the intent to
cause injury or harm
3. The independent civil actions under Art 33 are also
bound by the same prohibition against double
recovery.
4. A reservation to file a separate civil action during
the prosecution is not required.
Article 34. NCC When a member of a city or municipal
police force refuses or fails to render aid or protection to
any person in case of danger to life or property, such
peace officer shall be primarily liable for damages, and
the city or municipality shall be subsidiarily responsible
therefor. The civil action herein recognized shall be
independent of any criminal proceedings, and a
preponderance of evidence shall suffice to support such
action.
Requisites for the application of Art 34 of the NCC
1. A person or his or her property is in need of
help, aid, or protection
2. A police officer refuses or fails to render help,
aid, or protection
3. The police officer becomes primarily liable
and the city or municipality becomes
subsidiarily liable
4. The action to enforce such liability is bound by
the rules of independent civil actions
DILG - Dept. of Interior and Local Government
NAPOLCOM - Natl. Police Comission
PNP - Philippine Natl. Police
 There was a time when the PNP is under the direct
control and supervision of the Local Govt. Unit
 There was a time where corrupt public officials
used the PNP as their personal bodyguards.
 Now the NAPOLCOM exercises direct control over
the PNP with close coordination with the LGU
Liabilities:
1. Primary –
a. Exists between the person who caused the
injury and the injured party
2. Subsidiary –
a. Exists between someone who exercises
direct control and supervision over the
person who actually cases the injury, and
the injured party.
b. They are made to answer upon the default
of the person who causes the injury
3. Vicarious -
a. The liability of a third person upon the
actions of another
b. The person who is made liable has
nothing to do with the injury but because
of their unique relationship with the
person who caused the injury they
become directly and primarily liable to
the injured party.
Article 35. NCC- When a person, claiming to be injured
by a criminal offense, charges another with the same, for
which no independent civil action is granted in this Code
or any special law, but the justice of the peace finds no
reasonable grounds to believe that a crime has been
committed, or the prosecuting attorney refuses or fails to
institute criminal proceedings, the complaint may bring
a civil action for damages against the alleged offender.
Such civil action may be supported by a preponderance
of evidence. Upon the defendant's motion, the court may
require the plaintiff to file a bond to indemnify the
defendant in case the complaint should be found to be
malicious.
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.
 Whenever the law requires the filing of a bond, it is
in effect, a way for the law to balance the game for
both parties.
 If harassment is truly the goal, at least a security
deposit either in cash, property, or bond must be
provided that the other party may acquire if proved
that harassment is truly the goal of the other.