 Civil liability arising from other sources of obligations (law, contract, quasi-
contract and quasi-delict) are no longer deemed instituted like those under
RULE 111: PROSECUTION OF CIVIL ACTIONS
OFFENSES
SEC. 1 : INSTITUTION OF CRIMINAL AND CIVIL ACTIONS
Purpose of criminal action – to furnish the offender in order to deter him and
others from committing the same offense
Purpose of civil action – is for resolution, reparation, or indemnification of the
private offended party for the damage or injury sustained by reason of the
delictual or felonious act of the accused.
GENERAL RULE:
When a criminal action is instituted, the civil action for the recovery of civil
liability arising from the offense shall be deemed instituted with the criminal
action.
EXCEPTIONS: WRI
1. When the offended party WAIVES the civil action
2. When the offended party RESERVES his right to institute a separate civil
action
3. When offended party INSTITUTES A CIVIL ACTION PRIOR to the criminal
action.
WHEN RESERVATION SHALL BE MADE
1. Before the prosecution starts to present its evidence and
2. Under circumstances affording the offended party to a reasonable
opportunity to make such reservation.
Purpose: the same is intended to prevent double recovery from the same act or
omission
Instances where reservation to file the civil action separately shall not
be allowed:
1. BP 22 cases
2. Cases cognizable by the Sandiganbayan
3. Tax cases
 ONLY the civil liability arising from the crime charged as a felony (cause of
action arising from delict) is now deemed instituted.
Article 32, 33, 34 and 2176 of the Civil Code which can be prosecuted even
without reservation. (Action may be made independently)
 If the judgment did not provide for the award of civil damages, the judge may
be compelled by mandamus
RULES ON FILING FEES OF CIVIL ACTION DEEMED INSTITUTED WITH THE
CRIMINAL ACTION (rule 111 sec. 1)
1. NO filing fees are required for amounts of ACTUAL DAMAGES, EXCEPT with
respect to criminal actions for violation of BP 22, in which case, the
offended party shall pay in full the filing fees based on the face value of
the check as the actual damages;
2. Damages other than actual (moral, exemplary and other damages) if
specified in the complaint or information, the corresponding filing fees
shall be paid, otherwise the court will not acquire jurisdiction over such
damages;
3. Where moral, exemplary and other damages are NOT specified in the
complaint or information, the grant and amount thereof are left to the
sound discretion of the trial court, the corresponding filing fees need not
be paid and shall simply constitute a first lien on the judgment.
 Counterclaims, cross-claims, third party complaints are not allowed in a
criminal proceeding. Any claim which could have been the subject thereof may
be litigated in a separate civil action.
Reason:
1. the counterclaim of the accused will unnecessarily complicate and confuse
the criminal proceedings
2. the trial court should confine itself to the criminal aspect and possible civil
liability of the accused arising out of the crime
 Appeal on criminal case- appellate court may impose additional damages or
increase or decrease the amounts of damages upon the accused-appellant, but
cannot be imposed on co-accused.
COMPROMISE ON CIVIL ASPECT: the offended party may compromise the civil
aspect (art 2034 CC) provided that it must be entered before or during the
litigation, and not after final judgment.
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 SEC. 2 : WHEN SEPARATE CIVIL ACTION IS SUSPENDED judgment that the fact from which the civil liability might arise did not exist
( Rillon v Rillon, gr. no. l-13172, April 28, 1960)
PRIMACY OF CRIMINAL ACTION OVER CIVIL ACTION
1. After the filing of the criminal action, the civil action which has  Extinction of civil liability refers exclusively to civil liability arising from crime
been reserved CANNOT be instituted until final judgment has been (delict); whereas the civil liability for the same act arising from other sources of
rendered in the criminal action. obligation (law, contract, quasi-contract, quasi-delict) is not extinguished even
2. If the civil action is instituted BEFORE the filing of the criminal by declaration in the criminal case that the criminal act charged has not
action and the criminal action is subsequently commenced, the happened or has not been committed by the accussed.
pending civil action shall be suspended until final judgment in the
criminal action has been rendered.  where the criminal case was dismissed before trial because the offended party
executed an affidavit of desistance, the civil action thereof is similarly
EXCEPTIONS: dismissed.
1) In cases of independent civil actions based upon Arts. 32, 33, 34 and
2176 of the Civil Code; Instances when the extinguishment of Instances when the extinguishment of
2) In cases where the civil action presents a prejudicial question; the criminal liability results in the the criminal liability does not result in
3) In cases where the civil action is consolidated with the criminal extinguishment of the civil liability the extinguishment of the civil liability
action; and 1. court declares that the accused was 1. the acquittal is based on reasonable
4) Where the civil action is not one intended to enforce the innocent doubt, if the civil case has been
civil liability arising from the offense. reserved
2. the acts or omissions giving rise to 2. the decision contains a declaration
Consolidation of criminal case and civil cases: the civil liability in the criminal action that the liability of the accused is not
1. Under the present rule, BEFORE JUDMENT on the merits is rendered in the does not exist criminal but only civil in nature
civil action, same may, upon motion of the offended party, be consolidated with 3. death of the accused 3. the civil liability is not derived from
the criminal action in the court trying the criminal action. This is a modification or based on the criminal act which the
of the rule on primacy of a criminal action over civil action. accused is acquitted
2. The consolidation must be effected in the criminal court, irrespective of the 4. the statute declares that there can
nature of the offense, the amount of civil claim or the rank of the court trying be no criminal liability but only civil
the civil case. liability
3. In cases where the consolidation is given due course, the evidence presented 5. Art. 11(4) RPC justifying
and admitted in the civil case shall be deemed automatically reproduced in the circumstances and Art. 12 (1-6) RPC
criminal action without prejudice to admission of additional evidence and right some exempting circumstances
to cross-examination.
4. The consolidated criminal and civil cases shall be tried and decided jointly.
SEC. 3 : WHEN CIVIL ACTION MAY PROCEED INDEPENDENTLY

ACQUITTAL IN A CRIMINAL CASE DOES NOT BAR THE FILING OF THE CIVIL  The institution of an independent civil action against the offender under
CASE: extinction of the penal action does not carry with it the extinction of the Articles 32, 33, 34 and 2176 of the Civil Code may proceed independently of the
civil action, unless the extinction proceeds from a declaration in a final criminal case and at the same time without suspension of either proceeding.
The independent civil action requires only a PREFONDERANCE OF EVIDENCE and

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the offended party may be entitled only to the bigger award when the awards
made in the cases vary
NOTE: IN no case, however, may the offended party recover damages twice for
the same act or omission charged in the criminal action.
Recovery of civil liability under ART> 32, 33, 34 and 2176 of the Civil Code
arising from the same act or omission may be prosecuted separately even
without reservation.
REASON: The enactment of Art. 32, 33, 34 and 2176 implies that the State has
already made reservation in favor of the offended party.
Purposes of ART> 32, 33, 34 and 2176
1. To prevent subtle or indirect violation of the constitutional rights due to lack
of penal laws as not all unconstitutional acts are punishable
2. The prosecutor may be afraid or incompetent to establish the guilt of the
accused beyond reasonable doubt
3. Criminal cases are difficult to prove and these independent civil actions can
be the reparation to harm done to the offended party.
SEC. 4 : EFFECTS OF DEATH ON CIVIL ACTIONS
1. BEFORE arraignment - the case shall be DISMISSED without prejudice to
any civil action the offended party may file against the estate of the
deceased.
2. AFTER arraignment and during the pendency of the criminal action -
extinguishes the civil liability arising from the delict
EXCEPTION:
1. Where the civil liability is predicated on other sources of obligations such as
law, contract, quasi-contract and quasi-delict or is an independent civil action.
The action may be continued against the estate of the accused after proper
substitution is made either as the relatives of the estate.
2. If the civil action has been reserved and subsequently filed or such civil
action has been instituted when the accused died, such civil action will proceed
and substitution of parties shall be ordered by the court.
3. If the accused dies during appeal, his civil and criminal liabilities are
extinguished
4. If the accused dies after final judgment, the pecuniary liabilities of the
accused are not extinguished; claims shall be filed against the estate of the
accused under Rule 86 of the Rules of court.
SEC. 5 : JUDGMENT IN CIVIL ACTIONS NOT A BAR
 The judgment in civil actions based on Articles 32, 33, 34 and 2176
absolving from civil liability DOES NOT BAR the criminal action.
SEC. 6 : SUSPENSION BY REASON OF PREJUDICIAL QUESTION
 A petition for suspension of the criminal action by reason
of prejudicial question in a civil action may be filed in the
office of the prosecutor or the court conducting the
preliminary investigation.
SEC. 7 : ELEMENTS OF PREJUDICIAL QUESTION
PREJUDICIAL QUESTION – one which arises in a case, the resolution of
which is logical antecedent of the issues involved therein and the cognizance of
which pertains to another tribunal
1. a prejudicial question is based on fact distinct and separate from the crime
but so intimately connected with it that it determines the guilt or
innocence of the accused
2. TIME TO PLEAD – the prejudicial question may be raised during the
preliminary investigation of the offense or in court BEFORE the
prosecution rest its case
3. the suspension of the criminal case due to a prejudicial question is only
procedural matter and is subject to a waiver by virtue of prior acts of the
accused
4. there is no prejudicial question where one case is administrative and the
other is not
5. if the two cases are both civil or if they both criminal, the principle finds
no application
Rationale: to avoid two conflicting decisions
ELEMENTS OF A PREJUDICIAL QUESTION
1. The civil action must be instituted prior to the criminal action.
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 2. The civil action involves an issue similar or intimately related to the issue
raised in the criminal action.
3. The resolution of such issue determines whether or not the criminal action
may proceed

TEST TO DETERMINE EXISTENCE OF A PREJUDICIAL QUESTION:

- to determine the existence of a prejudicial question, it must appear
that the civil case does not only involve the same facts upon which the
criminal prosecution is based but also that the resolution of the issues
raised in said civil action would necessary be determinative of the guilt
or innocence of the accused.

WHERE TO FILE PETITION FOR SUSPENSION BY REASON OF PREJUDICIAL

QUESTION
1. Office of the prosecutor; or
2. court conducting the preliminary investigation; or
3. Court where the criminal action has been filed for trial at any time
before the prosecution rests.