RULE 111: Prosecution of Civil Action

 

RULE 111: PROSECUTION OF CIVIL CASES

 

1.            Should criminal and civil action be jointly instituted?  Exceptions?

GR: when a criminal action is filed, the civil

action of the recovery of the civil liability arising from the offense charged is deemed instituted with the criminal action.

XPN:

(1)    When the offended party has waived the civil aspect of the case;

(2)    When the offended party has reserved his right to file a separate civil action;

(3)    When the civil action was filed or instituted ahead of the criminal action;

(4)    When the crime is one to which no civil liability attaches;

(5)    When the civil action was filed in court before the presentation of the evidence for the prosecution in the criminal action of which the judge presiding on the criminal cases was duly informed.

2.            What are types of civil liabilities?

Article 104. of RPC. What is included in civil liability. - The civil liability established in Articles 100, 101, 102, and 103 of this Code includes:

                        1. Restitution - The restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court.

                        2. Reparation of the damage caused - The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly.

                        3. Indemnification for consequential damages - Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime.

3.            When should reservation to institute a separate civil action be made?

The reservation must be made before the prosecution starts presenting its evidence and under circumstances affording the offended party reasonable opportunity.

4.            Are counterclaim, etcetera, allowed to be filed in criminal cases?

A court cannot entertain counterclaims, cross-claims and third party complaints in the criminal action. A criminal case is not the proper proceedings to determine the private complainant's civil liability. A court trying a criminal case is limited to determining the guilt of the accused, and if proper, to determine his civil liability. It cannot award damages in favor of the accused.

5.            Can the accused file his counterclaim, cross-claim or third party claim be filed in the same criminal action?

No counterclaim, cross-claim or third-party complaint may be filed 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.

6.            What are the aims in the institution of criminal and civil actions?

CRIMINAL ACTION - to punish the offender in order to deter him and others from committing the same or similar offense, to isolate him from society, reform and rehabilitate him or, in general, to maintain social order

CIVIL ACTION - 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

7.            In the event of acquittal, can the offended party file an appeal?

The offended party may appeal the civil aspect of the judgment despite the acquittal of the accused.

8.            When can exemplary damages awarded?

(1.)That the crime was committed with 1 or more aggravating circumstances, or the quasi-delict was committed with gross negligence, or in contracts and quasi-contracts the act must be accompanied by bad faith or done in wanton, fraudulent, oppressive or malevolent manner. (2.) that the claimant is entitled to moral, temperate or compensatory damages

9.            Does acquittal extinguishes civil liability?

The general rule is the civil action is not necessarily extinguished by the acquittal of the accused. Even if the accused is acquitted, the court can still award civil liability in the following cases:

(a)    When the acquittal is based on reasonable doubt

(b)   When there is a declaration in the decision that the liability of the accused is only civil

(c)    When the civil liability is not derived from or based on the criminal act of which the accused is acquitted.

However, if the decision contains a finding that the act from which the civil liability may arise does not exist, the civil liability is extinguished.

10.   When is the separate civil action deemed suspended, and until when? Reason?

After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgement has been entered in the criminal action.

11.   Supposing that the accused dies during the pendency of the case, what are its effect?

If the accused dies after arraignment and during the pendency of the criminal action, both the criminal and civil liability arising from the crime shall be extinguished. However, the independent civil actions may be filed against the estate of the accused after proper substitution, and the heirs of the accused may also be substituted for the deceased.

If the accused dies before arraignment, the case shall be dismissed, without prejudice to any civil action that the offended party may file against the estate of the deceased.

12.   Supposing that the civil case filed against A by B, arising from fraud, was dismissed, can the latter file a case for Estafa?

YES.  A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action. (Sec 5, Rule 111, Rules of Court)

13.   What is a prejudicial question, its elements?

A prejudicial question is that arising in the civil case but which is so intimately connected with the issues involved in the criminal case as to be determinative of the innocence or guilt of the accused.

ELEMENTS:

(1)    The previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action;

(2)    The resolution of such issue determines whether or not the criminal action may proceed.

14.   Where to file the petition to suspend criminal action due to prejudicial question?

Office of the prosecutor or the court conducting the preliminary investigation

15.   Why the need to suspend criminal action based on prejudicial question?

To avoid two conflicting decisions in the civil case and criminal case.

16.   Wife A filed a case for Bigamy against husband B. During the pendency of the criminal proceeding, husband B filed a petition to declare his first marriage null and void. Later on, husband B contemplated of filing a petition for the suspension of criminal proceeding based on prejudicial question. Where will husband B file his petition and will it prosper?

When the criminal action has been filed in court, the petition for suspension must be filed in the same criminal action.

No, it will not prosper. Husband B cannot use his own malfeasance to defeat the action based on the criminal act.