Prosecution of Civil Action

Question 1

What is the Rule on Implied Institution of Civil Action with Criminal Action?

Answer 1

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

Question 2

What are the exceptions to the Rule on Implied Institutions of Civil Action with Criminal Action?

Answer 2

Exception: The civil action is not deemed so instituted if the offended party

a. Waives the civil action
b. Reserves the right to institute it separately

c. Institutes the civil action prior to the criminal action;
[Sec. 1, Rule 111]

Question 3

When may Civil Action proceed independently of criminal action?

Answer 3

a. independent civil action
b. reservation of right to file civil action
c. separate action filed by the accused

Question 4

When is there civil action independent of the criminal action?

Answer 4

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 [Art 29, NCC]

Actions under the Civil Code, specifically for quasidelict, violation of constitutional rights, defamation, fraud, physical injuries, refusal or failure to render aid or protection by the members of the police or the prosecuting attorney [Art. 32, 33, 34, 35 and 2176] remain separate, distinct, and independent of any criminal prosecution although based on the same act [Phil. Rabbit Bus Lines v. People, G.R. No. 147703 (2004); Sec. 3, Rule 111]

Only a preponderance of evidence is required but in no case may the offended party recover damages TWICE for the same act or omission charged in the criminal action [Sec. 3, Rule 111]

Question 5

FIB

[Rule 120 (Sec 2), ROC]
The judgment of the court must state the civil liability or damages caused by a wrongful act or omission to be recovered from the accused by the offended party, if there is any, EXCEPT, when the enforcement of the civil liability by a separate civil action has been ________________.

Answer 5

reserved or waived

Question 6

When shall reservation of right to file civl action be made?

Answer 6

1. Before the prosecution starts to present its evidence
2. Under circumstances affording the offended party a reasonable opportunity to make such reservation. [Sec. 1, Rule 111]

Question 7

What are the instances where reservation to file the civil action separately shall not be allowed?

Answer 7

1. B.P. 22 cases [Sec. 1(b), Rule 111]
2. Cases cognizable by the Sandiganbayan [Sec. 4, P.D. 1606, as amended by R.A. 10660]
3. Tax cases [Sec. 7(b)(1), RA 9282]

Question 8

When is there an Independent Civil Action through a separate action filed by accused?

Answer 8

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 [Sec. 1, Rule 111]

Question 9

After the criminal action has commenced, when can the separate civil action arising therefrom be instituted?

Answer 9

When final judgement has been entered in the criminal action.

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

Question 10

If the criminal action is filed after the civil action has already been instituted, wht is its effect on the civil action?

Answer 10

Civil Action will be suspended.

If the criminal action is filed after the civil action has already been instituted, the civil action shall be suspended in whatever stage it may be found before judgment on the merits. The suspension shall last until final judgment is rendered on the criminal action.

Question 11

When may civil action be consolidated with the criminal action in the court trying the criminal case?

Answer 11

upon motion of the offended party and before judgement is redered on the merits of the civil action.

The civil action may be consolidated with the criminal action in the court trying the criminal case, upon motion of the offended party and before judgment is rendered on the merits of the civil action. The evidence already adduced in the civil action will be automatically reproduced in the criminal action.
[Sec. 1, Rule 111]

Question 12

Can there be a motu proprio suspension by the judge of the civil action?

*motu prop

Answer 12

NO.

The Rules preclude a motu proprio suspension by the judge of the civil action; it must be by petition of the defendant [Yap v. Paras, G.R. No. 101236 (1992)]

Question 13

What happens to the running of the period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended, during the criminal action?

Answer 13

Prescription period shall be tolled.

During the pendency of the criminal action, the running of the period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled [Sec. 2, Rule 111]

Question 14

What is the effect of the death of the accused or convict on criminal liability?

Answer 14

Upon the death of the accused or convict, criminal liability is extinguished [Art. 89, RPC]

Question 15

What is the effect of the death of the accused or convict before arraignment on civil action?

Answer 15

The criminal case shall be dismissed without prejudice to any civil action that the offended party may file against the estate of the deceased [Sec. 4, Rule 111]

Question 16

Situation: Accuse/convict dies after arraignment and during pendency of the criminal action

What is the effect of the death on the civil action?

Answer 16

The civil liability is extinguished. But,

a. An independent civil action enforcing liabilities under Art. 32, 33, 34, 35 and 2176 may be continued against the estate or legal representative of the accused, after proper substitution.
b. If the civil action has been reserved and subsequently filed, the civil action shall proceed after substitution of parties.

[Sec. 4, Rule 111]

Question 17

Situation: Accused/Convict dies during appeal of the crminal action.

What is the effect of the death on the civil action?

Answer 17

Civil and criminal liabilities are extinguished [People v. Alison, G.R. No. L-30612 (1983)]

Question 18

Situation: Accused/Convict dies after judgment of the criminal action.

What is the effect of the death on the civil action?

Answer 18

The civil liability is not extinguished. Claims shall be filed against the estate of the accused under Rule 86 of the ROC. [Sec. 5, Rule 86]

Question 19

What is a Prejudicial Question?

Answer 19

It is a question based on a fact distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused [Ras v. Rasul, G.R. No. L-50411 (1980)]

One which arises in a case, where the resolution of which is a logical antecedent of the issue involved therein and the cognizance of which pertains to another tribunal [People v. Consing, G.R. No. 148193 (2003)]

There is a prejudicial question only when the matter that has to be priorly decided by another authority is one where the cognizance of which pertains to that authority and should not, under the circumstances, be passed upon by the court trying the criminal case [Rojas v. People, G.R. No. L-22237 (1974)]

Question 20

What are the elements of a prejudicial question?

Answer 20

a. The previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action.
b. The resolution of such issue determines whether or not the criminal action may proceed.

[Sec. 7, Rule 111]

Question 21

What is the effect of a prejudicial question?

Answer 21

Suspension of the criminal action [Sec. 6, Rule 111]

Question 22

Does a prejudicial question prescribe the dismissal of the criminal action?

Answer 22

NO.

It does not prescribe the dismissal of the criminal action [Yap v. Paras, G.R. No. 101236, (1992)]

Question 23

Where may petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action be filed?

Answer 23

a. office of the prosecutor (in the PI stage);
b. Court conducting the PI; or

c. Court where criminal action has been filed for trial, at any time before the prosecution rests
[Sec. 6, Rule 111]

Sec. 6. Suspension by reason of prejudicial question. – A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be filed in the office of the prosecutor or the court conducting the preliminary investigation. When the criminal action has been filed in court for trial, the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests

Question 24

Can a petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action be made at the instance of the judge alone?

Answer 24

NO.

Sec. 6, Rule 111 of the 1985 Rules of Criminal Procedure plainly says that the suspension may be made only upon petition and not at the instance of the judge alone, and it also says suspension, and not dismissal [Yap v. Paras, G.R. No. No. 101236 (1992)]

Question 25

What is the rationale on the rule on Prejudicial Questions?

Answer 25

To avoid two conflicting decisions in the civil case and in the criminal
case [Sy Thiong Shiou v. Sy Chim, G.R. No. 174168 (2009)]

Question 26

What is an example of cases where there is a prejudicial question?

Answer 26

The nullity and forgery of the prior deed of sale is based on the very same facts which would be necessarily determinative of the accused’s guilt or innocence in the case for estafa. If the first alleged sale is void or fictitious, then there would have been no double sale and the accused would be declared innocent [Ras v. Rasul, G.R. No. 50411 (1980)]

Question 27

When is it not a prejudicial question?

Answer 27

• civil case did not affct the criminal case
• issue in the civil case was not determinative of guilt or innocence in the criminal case

Although both are based on fraud, civil case for the revocation of a management contract did not affect the criminal cases for estafa for executing a chattel mortgage on personal property in favor of another without the consent of the previous mortgagee [Rojas v. People, G.R. No. L-22237 (1974)]

The issue of the validity of the receipt was not determinative of the guilt or innocence for estafabecause even if that receipt was annulled on the basis of fraud, duress or intimidation, the accused’s guilt could still be established when evidence can be shown that they had actually received the sum for the fishing boat but instead of purchasing one, they misappropriated and failed to return the money to him upon demand. But, it could have been a prejudicial question had the criminal case been for falsification of the same receipt involved in the civil action [Jimenez v. Averia, G.R. No. L-22759 (1968)]

Question 28

Where may petition for suspension based upon prejudicial question be filed?

Answer 28

• office of the prosecutor
• court conducting the preliminary investigation

A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be filed in the office of the prosecutor or the court conducting the preliminary investigation. When the criminal action has been filed in court for trial, the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests [Sec. 6, Rule 111]

Question 29

Can there be a prejudicial question where the cases involved are civil and administrative cases, but no criminal case?

Answer 29

NO.

However, the court may held the civil case in abeyance unitl the determination of the administrative case for purposes of prudence

The actions involved being respectively civil (forcible entry) and administrative (before the Land Authority regarding the right to possession) in character, it is obvious that technically, there is no prejudicial question to speak of. Equally apparent, however, is the intimate correlation between said two proceedings, stemming from the fact that the right of private respondents to eject petitioner from the disputed portion depends primarily on the resolution of the pending administrative case. Thus, the SC ruled that the more prudent course for the trial court to have taken is to hold the ejectment proceedings in abeyance until after a determination of the administrative case [Quiambao v. Osorio, G.R. No. L48157 (1988)]

Question 30

When can there be a prejudicial question where

there is an administrative and criminal case but no civil case.

Answer 30

When the administrative case is “civil in nature”

The case of San Miguel Properties, Inc. v. Perez [G.R. No. 166836 (2013)] involved an administrative case for specific performance before the HLURB and a criminal prosecution for violation of Sec. 25 of P.D. 957. San Miguel argued that the concept of a prejudicial question involves a civil action and a criminal action and there can be no prejudicial question to speak of because no civil action was pending. The SC said the HLURB case raises a prejudicial question that sufficed to suspend the criminal proceedings since the action before the HLURB was “civil in nature” and could not be instituted elsewhere except in the HLURB whose jurisdiction over the action was exclusive and original

Question 31

What are the general rules on filing fees in civil action deemed instituted with the criminal action?

Answer 31

General Rule:

a. No filing fees shall be required for actual damages.
b. Where the amount of moral, exemplary, nominal, temperate (except actual) damages is specified in the complaint/information, the corresponding filing fees shall be paid by the offended party upon the filing thereof in court.

c. Where the amount of moral,
exemplary, nominal, temperate damages is NOT specified in the complaint/Information, the filing fees shall constitute a first lien on the judgment awarding such damages
[Sec. 1, Rule 111]

Question 32

What are the exception to the general rule on filing fees in civil action deemed instituted with the criminal action?

Answer 32

a. violation for BP. 22

b. Estafa

Question 33

What are the rules on filing of fees in civil action deemed instituted with the criminal action for violations of BP 22?

Answer 33

1. The offended party shall pay in full the filing fees based on the amount of the check involved, which shall be considered as the actual damages claimed.
2. Where the complaint or information also seeks to recover liquidated, moral, nominal, temperate or exemplary damages, the offended party shall pay additional filing fees based on the amounts alleged therein.
3. If the amounts are not so alleged but any of these damages are subsequently awarded by the court, the filing fees based on the amount awarded shall constitute a first lien on the
   judgment. [Sec. 1, Rule 111]

Question 34

What are the rules on filing of fees in civil action deemed instituted with the criminal action for violations of Estafa?

Answer 34

Estafa – The offended party shall pay in full the filing fees based on the amount involved [See Sec. 20, Rule 141]