Human Relations: Article 35 Flashcards
State Article 35.
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 ground to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring civil action for damages against the alleged offender. Such civil action shall be supported by 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 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 criminal proceedings.
Rule 111, Rules of Court
When a criminal action is instituted, does the civil action for the recovery of civil liability arising from the offense charged be deemed instituted with the criminal action?
YES, unless the offended party waives the civil action or reserves the right to institute it separately.
Rule 111, Rules of Court
When is the time to reserve the right to separately institute the civil action?
Before the prosecution starts to present its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation.
Rule 111, Rules of Court
When does the filing fees constitute a first lien on the judgement awarding such damages?
When the offended party seeks to enforce civil liability against the accused by way of moral, nominal temparate, or exemplary damages WITHOUT specifying the amount thereof the complaint or information.
Rule 111, Rules of Court
What if the plaintiff SPECIFIES the amount of damages, other than actual? What happens to the payment of the filing fees?
They plaintiff (offended party) has to pay for the filing fees.
Except as otherwise provided in theses Rules, no filing fees shall be required for actual damages.
What is special about filing a criminal action for violation of Batas Pambansa Blg.22?
Rule 111, Rules of Court
No reservation to file such civil action separately shall be allowed.
Can a criminal case and a civil case be consolidated?
YES.
Section 2, Rule 111, Rules of Court
If a criminal action has already commenced, can a civil action be separately instituted?
NO. Until final judgement has been entered in the criminal action.
Section 2, Rule 111, Rules of Court
Can a criminal action be filed after the civil action has already been instituted?
YES. The civil action shall be suspended in whatever stage it may be found before judgement on the merits.
The suspension shall last until final judgement is rendered in the criminal action.
In case of consolidation, what happens to the evidence?
The evidence SHALL be deemed automatically reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witnesses presented by the offended party in the criminal case and of the parties present additional evidence.
Will the consolidated criminal and civil actions be tried and decided jointly?
YES. They SHALL be.
Does the extinction of the penal action carry with it the extinction of the civil action?
(Does the civil action DIE with the death of the criminal action?)
NO.
BUT if the basis of the civil action is proven to be “non-existent,” then both cases die.
Can the offended party recover damages twice for the same act?
NO.
What happens when the accused dies after arraignment and during the pendency of criminal action?
The civil liability SHALL be extinguished.
What happens when the accused dies after arraignment and during the pendency of an independent civil action?
The independent civil action may be continued against the estate or legal representative of the accused after proper substitution or against said estate.
