Chapter 2 - Human Relations (Art. 29 - 36)

Question 1

May a civil action be instituted against an accused after his/her acquittal in a criminal prosecution based upon reasonable doubt?

Answer 1

Yes.

Art. 29 (1) of the Civil Code provides that 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.

Question 2

Differentiate criminal from civil liability

Answer 2

The following are the differences between criminal and civil liability:

a. Criminal liability affects social order while civil liability affects private rights.
b. Criminal liability is for the punishment or correction of the offender while civil liability is for reparation of damages suffered by the aggrieved party.
c. Criminal liability demands proof of guilt beyond reasonable doubt while preponderance of evidence would suffice in civil liability.

Question 3

What evidence is needed to prove civil liability arising from a criminal offense?

Answer 3

Preponderance of evidence.

Article 30 of the Civil Code provides that when a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.

Question 4

What happens if a criminal proceeding is instituted while a civil case arising from the criminal offense is pending?

Answer 4

The civil case is suspended in the meantime (Rule 110, Revised Rules of Court)

Question 5

State Article 31, Civil Code.

Answer 5

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.

Question 6

What is independent civil action?

Answer 6

Independent civil action is one that is brought distinctly and separately from a criminal case allowed for considerations of public policy.

Question 7

What are the two modes by which civil liability ex delicate may be enforced?

Answer 7

1. Through a civil action that is deemed implicitly instituted in the criminal action.
2. Through a civil action that is filed separately, either before or after the criminal action.

Question 8

State Article 33, Civil Code.

Answer 8

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 inured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.

Question 9

What is a prejudicial question?

Answer 9

A prejudicial question is one which must be decided first before a criminal action may be instituted or may proceed because a decision therein is vital to the judgment in the criminal case.

Question 10

What are the requisites of a prejudicial questions? (3)

Answer 10

1. The civil case involves facts intimately related to those upon which the criminal prosecution would be based.
2. In the resolution of the issue or issues raised in the civil actions, the guilt or innocence of the accused would necessarily be determined.
3. Jurisdiction to try said question must be lodged in another tribunal.

Question 11

List three situations where there can be no prejudicial questions.

Answer 11

1. If the civil and criminal action can, according to law, proceed independently of each other.
2. Administrative and Civil case.
3. Administrative and Criminal case.