G.R. No. 13172, Rillon v. Rillon, April 28, 1960 Old Civil Code: Art.

30 - 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 civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of NCC: Art. 1161 Civil Obligations arising from criminal offense shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. Facts: Sometime in September 1953 in the Province of La Union, the Filemon Rillon (defendant) using force and intimidation cohabit and proceeded to have carnal knowledge with Marcelina Rillon. As a result, Marcelina Rillon gave birth to a child after 180 days from the carnal intercourse and within 300 days thereof. Plaintiff Marcelina Rillon and Filemon Rillon are both single at the time of conception without any legal impediments to marry and continue in the same status. This is a civil case for support, recognition and damages instituted by the minor Gilbert Rillon, assisted his mother. It is alleged that the minor needs food for subsistence as he is living with his mother who has no means to support him. His mother is also asking the defendant to recognize the minor as a natural child and provide him with support. Defendant moved to dismiss on the ground that the action is premature as there is no final judgment in a criminal case for rape against the defendant and no cause of action has accrued against him. Issue: WON a criminal prosecution for rape should be instituted and prosecuted to final judgment before instituting a civil action based on said offense in favor of the offended woman and the recognition of the offspring. Held: No. The case is remanded to the court below for further proceedings. Ratio: Art. 30 states 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 civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. This article implies the right of an offended party to bring a separate civil action for the criminal act without instituting the criminal proceedings for the prosecution of the offense. A civil action may now be instituted without and prosecuted to final judgment without awaiting the institution and termination of a criminal action.