Rule 111

Question 1

Institution of criminal and civil actions.

Answer 1

When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action

Question 2

Exemption Institution of criminal and civil actions.

Answer 2

offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.

Question 3

The reservation of the right to institute separately the civil action shall be made

Answer 3

before the prosecution starts presenting its evidence

…. and under circumstances affording the offended party a reasonable opportunity to make such reservation.

Question 4

When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees thereof shall…

Answer 4

constitute a first lien on the judgment awarding such damages.

Question 5

When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees thereof shall…

Answer 5

constitute a first lien on the judgment awarding such damages.

Question 6

Where the amount of damages, other than actual, is specified in the complaint or information, the corresponding filing fees shall be

Answer 6

…paid by the offended party upon the filing thereof in court.

Question 7

T/F there is filing fees shall be required for actual damages.

Answer 7

False, no filing fee

Question 8

What cant be filed by the accused,?

Answer 8

No counterclaim,
cross-claim
or third-party complaint may be filed by the accused in the criminal case,

This is not available for criminal action…

Question 9

T/F The criminal action for violation of Batas Pambansa Blg. 22 shall not be deemed to include the corresponding civil action.

Answer 9

False… deemed

Question 10

Is there a reservation in BP 22

Answer 10

No reservation to file such civil action separately shall be allowed.

Question 11

Upon filing of the aforesaid joint criminal and civil actions, the offended party shall…

Answer 11

pay in full the filing fees based on the amount of the check involved, which shall be considered as the actual damages claimed.

Question 12

Where the complaint or information also seeks to recover liquidated, moral, nominal, temperate or exemplary damages, the offended party shall….

Answer 12

pay additional filing fees based on the amounts alleged therein.

Question 13

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…

Answer 13

constitute a first lien on the judgment.

Question 14

Where the civil action has been filed separately and trial thereof has not yet commenced, it may be…

Answer 14

consolidated with the criminal action upon application with the court trying the latter case.

Question 15

If the application is granted, the trial of both actions shall…

Answer 15

proceed in accordance with section 2 of this Rule governing consolidation of the civil and criminal actions.

Question 16

After the criminal action has been commenced, the separate civil action arising therefrom….

Answer 16

cannot be instituted until final judgment has been entered in the criminal action.

Question 17

If the criminal action is filed after the said civil action has already been instituted, the latter shall be…

Answer 17

suspended in whatever stage it may be found before judgment on the merits.

Question 18

The suspension shall last…

Answer 18

until final judgment is rendered in the criminal action.

Question 19

before judgment on the merits is rendered in the civil action, the same may, upon motion of the offended party, be…

Answer 19

consolidated with the criminal action in the court trying the criminal action.

Question 20

In the cases provided for in Articles ……….,.,,,,, of the Civil Code of the Philippines, the independent civil action may be brought by the offended party.

Answer 20

Art 32, 33, 34 and 2176

Question 21

It shall proceed independently of the criminal action and shall require…

Answer 21

only a preponderance of evidence.

Question 22

It shall proceed independently of the criminal action and shall require…

Answer 22

only a preponderance of evidence.

Question 23

Art 32 of NCC

Answer 23

Article 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:

(1) Freedom of religion;

(2) Freedom of speech;

(3) Freedom to write for the press or to maintain a periodical publication;

(4) Freedom from arbitrary or illegal detention;

(5) Freedom of suffrage;

(6) The right against deprivation of property without due process of law;

(7) The right to a just compensation when private property is taken for public use;

(8) The right to the equal protection of the laws;

(9) The right to be secure in one’s person, house, papers, and effects against unreasonable searches and seizures;

(10) The liberty of abode and of changing the same;

(11) The privacy of communication and correspondence;

(12) The right to become a member of associations or societies for purposes not contrary to law;

(13) The right to take part in a peaceable assembly to petition the Government for redress of grievances;

(14) The right to be a free from involuntary servitude in any form;

(15) The right of the accused against excessive bail;

(16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf;

(17) Freedom from being compelled to be a witness against one’s self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness;

(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and

(19) Freedom of access to the courts.

In any of the cases referred to in this article, whether or not the defendant’s act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence.

The indemnity shall include moral damages. Exemplary damages may also be adjudicated.

The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.

Question 24

Art 33 of NCC

Answer 24

Article 33. 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 injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.

Question 25

Art 34

Answer 25

Article 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action.

Question 26

Article 100 of the Revised Penal Code provides

Answer 26

that a person criminally liable for a felony is also civilly liable

Question 27

Can the offended party waived the civil action? For BP 22

Answer 27

Yes of course, what is not allowed is filing a separate civil action

Question 28

The extinction of the penal action does not carry with it…

Answer 28

extinction of the civil action.

Question 29

(Extinction of Penal Action) However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action…

Answer 29

that the act or omission from which the civil liability may arise did not exist. (2a)

Question 30

Is there a need to reserve the institution of independent civil action?

Paano pag wala kaalam alam ang court?

Answer 30

No need! But under the rules of court, there is a need to make a reservation should the offended party decide.. manifest it in the court para di mabigla ang court.. notify the court of the intention to file separate independent civil action in another court

Question 31

In no case, however, may the offended party recover damages….

Answer 31

twice for the same act or omission charged in the criminal action. (3a)

Question 32

What civil may survive after the death of accused?

Answer 32

It will depend what is the nature of the action

Namatay bago mabasahan ang habla
Criminal - extinguish
Civil - arising from offense, extinguish
Except - other arising from civil action

The estate shall be liable…

Question 33

In criminal action, accused was acquitted, will it bar the institution of civil liability?

Answer 33

It depends, there are two types of acquittal
1. Accused is not the doer or author - no more recovery of civil recovery
2. In the acquittal, may
3. The accused was not civilly liable

Question 34

Reservation of independent civil action..

Answer 34

Prior to presentation of prosecution of the evidence

Question 35

Elements of prejudicial question

Answer 35

Previously instituted civil action - ahead of the criminal action with issue similar to the subsequent criminal action and then it is prejudicial because it will determine WON the criminal action may proceed

Uunahin muna tapusin ang civil case bago ang commencement ng criminal action..

Example.

A married B. A was previously married with C. C filed a bigamy case against A and paramour B. When A learned, the husband filed an annulment against C claiming that the marriage is void from the beginning..

And the annulment case is a prejudicial question… it is not compliant with the prejudicial question..

The civil case was filed only after the criminal action.. although it will determine and void from the beginning..

A is married to B
A filed an annulment case against wife B
WHILE IT is pending

A married C
When wife B learned the marriage, filed a bigamy case.

Is there a prejudicial question?

Question 36

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…

Answer 36

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. (6a)