Criminal Offense certainty, in the mind of the judge that

a crime was committed.)

- Social Injury
2. Clear and convincing evidence–
o Penalty
extradition cases
- Personal Injury
3. Preponderance of evidence – a much
o Restitution
heavier evidence compared to the
o Reparation } Civil other that proves a claim
Liability/ex 4. Substantial evidence – labor case
delicto

o Indemnification 1) W/o a civil action can proceed

independently &/or
2) Forum shopping; litis pendentia; res
Act or Omission judicata
- Criminal Action
o Social Injury
 Penalty Bautista v Borromeo, Inc.
o Personal Injury - Legal Subrogation (Insurance is placed
 Restitution in the insured’s shoes)
 Reparation - Art. 2207
 Indemnification
- Civil Action Provide the court with the legal provision
o Dependent Civil Action Legal provision must be categorical
 Deemed instituted with
criminal action if not
reserved, waived or
previously filed
o Independent Civil Action
 Can proceed
independently without
reservation (regardless
of the
outcome/evidence of
the criminal action).
 No double recovery
rule
 Art. 32, 33, 34,
2176

Hierarchy of quantum of proof

1. proof of guilt beyond reasonable doubt

(if there is moral certainty, not absolute