Rule 111- Prosecution of Civil Action Flashcards
Under what circumstances is the civil action for the recovery of civil liability automatically included 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 unless the offended party waives the civil action, reserves the right to institute it separately, or institutes the civil action prior to the criminal action.
In what situations are filing fees required for claims related to damages in a criminal case?
Filing fees are required for claims related to moral, nominal, temperate, or exemplary damages when these damages are sought without specifying the amount in the complaint or information.
When the civil action for violation of Batas Pambansa Blg. 22 is filed, are reservations to file the civil action separately allowed?
No, reservations to file the civil action separately are not allowed when it comes to the criminal action for violation of Batas Pambansa Blg. 22. The civil action is deemed included in the criminal action.
When can a separate civil action arising from a criminal case be instituted?
A separate civil action arising from a criminal case cannot be instituted until final judgment has been entered in the criminal action.
If the criminal action is filed after the civil action has already been instituted, the civil action shall be suspended until final judgment is rendered in the criminal action.
What is the effect of consolidating the civil and criminal actions, in terms of evidence?
When the civil and criminal actions are consolidated, the evidence already presented in the civil action is automatically reproduced in the criminal action, but the prosecution retains the right to cross-examine witnesses presented by the offended party in the criminal case, and both parties have the right to present additional evidence.
How does the pendency of the criminal action affect the prescription period of the civil action that cannot be instituted separately or has been suspended?
During the pendency of the criminal action, the running of the period of prescription of the civil action that cannot be instituted separately or has been suspended shall be tolled, meaning the prescription period is paused and will not continue to run.
Does the extinction of the penal action (criminal action) result in the extinction of the civil action based on delict (tort)?
No, the extinction of the penal action does not extinguish the civil 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 that the act or omission from which the civil liability may arise did not exist.
Under what circumstances can an independent civil action proceed independently of the criminal action, and what is the standard of evidence required in such cases?
An independent civil action may proceed independently of the criminal action in cases provided in Articles 32, 33, 34, and 2176 of the Civil Code of the Philippines. It requires only a preponderance of evidence. However, the offended party cannot recover damages twice for the same act or omission charged in the criminal action.
What is the effect of the death of the accused after arraignment and during the pendency of the criminal action on the civil liability arising from the delict?
The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delict.
Can a final judgment rendered in a civil action absolving the defendant from civil liability serve as a bar to a subsequent criminal action against the defendant for the same act or omission?
No, 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 to the civil action.
Where can you file a petition to suspend a criminal action due to a prejudicial question during the preliminary investigation?
A petition for suspension of a criminal action based on a prejudicial question may be filed in the office of the prosecutor or the court conducting the preliminary investigation.
ENUMERATE: Elements of prejudicial question
(a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and;
(b) the resolution of such issue determines whether or not the criminal action may proceed.
