PROSECUTION ON CIVIL ACTION
People)
GENERAL RULE: When a criminal action is
instituted, the civil action for the recovery of civil
liability arising from the offense shall be deemed
instituted with the criminal action (Section 1a, Rule
111)
EXCEPTIONS:
When the offended party:
1. WAIVES the civil action;
2. RESERVES his right to institute a separate
civil action; or
3. INSTITUTES A CIVIL ACTION PRIOR to
the criminal action (Sec. 1, Rule 111).
Note: In all of these instances, the dual character of
a criminal suit ceases.
The primary governing law on the recovery of civil
liability arising from the commission of an offense
is the RPC. To be sure, under Art. 100 of the Code,
it is expressly declared that “every person
criminally liable for a felony is also civilly liable”.
The civil liability may consist of restitution,
reparation of damage caused, and indemnification
for consequential damages.
CIVIL ACTIONS NOT DEEMED
INSTITUTED
1. Arising from breach of contract
2. Independent civil actions or those based on
Arts. 31, 32, and 33 of the New Civil Code
What is deemed instituted in every criminal
prosecution is the civil liability arising from the
crime or delict per se (civil liability ex delicto), but
not those liabilities arising from quasi-delicts,
contracts or quasi-contracts. Thus, the civil actions
referred to in Articles 32, 33, 34 and 2176 of the
Civil Code shall remain “separate, distinct and
independent” of any criminal prosecution based on
the same act. (Philippine Rabbit Bus Lines, Inc. vs.
The only limitation is that the offended party
cannot recover more than once for the same act or
omission.
3. Based on Art. 2176 of the New Civil Code or
quasi-delict(Herrera, Vol. IV, p. 216, 2007 ed.)
RESERVATION TO FILE A SEPARATE
ACTION MUST BE DONE:
1. Before the prosecution starts to present its
evidence; and
2. Under circumstances affording the offended party
a reasonable opportunity to make such reservation
The reservation may not be necessarily express but
may be implied, which may be inferred not only
from the acts of the offended party but also from
acts other than those of the latter.
INSTANCES WHEN RESERVATION TO
FILE AN SEPARATE ACTION IS NOT
ALLOWED.
1. Violation of B.P. 22
As regards the criminal aspect of a violation
of BP 22, suffice it to say that: [t]he gravamen of
BP 22 is the act of making and issuing a worthless
check or one that is dishonored upon its
presentment for payment [and] the accused failed to
satisfy the amount of the check or make
arrangement for its payment. The act is malum
prohibitum, pernicious and inimical to public
welfare.Why and to whom the check was issued is
irrelevant in determining culpability. The terms and
conditions surrounding the issuance of the checks
are also irrelevant. (Nuguid vs. Nicdao)
2. A claim arising from an offense which is
cognizable by the Sandiganbayan; and
3. Tax cases.
EFFECTS OF ACQUITTAL OF ACCUSED IN
CRIMINAL OFFENSE
A person acquitted of a criminal charge, however, is
not necessarily civilly free because the quantum of
proof required in criminal prosecution (proof
beyond reasonable doubt) is greater than that
required for civil liability (mere preponderance of
evidence).
To be completely free from civil liability, a person’s
acquittal must be based on the fact that he did not
commit the offense. If the acquittal is based merely
on reasonable doubt, the accused may still be held
civilly liable since this does not mean he did not
commit the act complained of. The judgement of
acquittal extinguishes the the liability of the
accused for damages only when it includes a
declaration that the fact from which the civil
might arise did not exist.
Acquittal will not bar a civil action in the
following cases:
1 where the acquittal is based on reasonable doubt;
2 where the court declared the accused’s liability is
not criminal but only civil in nature; and
3 where the civil liability does not arise from or is
not based upon the criminal act of which the
accused was acquitted.
*Dismissal of the criminal case at the instance of
the fiscal is not a bar to the institution of a civil case
based upon the same act or transaction. The
offended party is entitled to demand enforcement of
the civil liability of the accused in a separate case.
SECTION 2. WHEN SEPARATE CIVIL
ACTION IS SUSPENDED
Civil Action is suspended:
1. After the filing of the criminal action, the civil
action which has been reserved cannot be
instituted until final judgment has been rendered
in the criminal action (Sec. 2).;
2. If the civil action is instituted before the filing
of the criminal action and the criminal action is
subsequently commenced, the pending civil
action shall be suspended until final judgment in
the criminal action has been rendered.
The general rule is that where both and criminal
cases arising from the same facts are filed in
different courts, the criminal takes precedence and
the civil is thus suspended in whatever stage it may
be found.
Exceptions:
★ In cases of independent civil actions based
upon Art. 32,33,34 and 2176 of the NCC
★ Where civil action presents a prejudicial
question
★ Where the civil action is consolidated with the
criminal action
★ Where the civil action is not one intended to
enforce the civil liability arising from the
offense.
CONSOLIDATION NOT MANDATORY
It is by no means a ministerial duty on the part of
the criminal court to grant the application for
consolidation. If it finds that the fusion of cases
applied for would unnecessarily delay the
disposition of the criminal case, and thus negate the
right of the accused to a speedy trial, it is well
within the power of the trial court to deny
application.
Note: A separate civil action for collection of sum
of money cannot be consolidated with cases
pending before the Sandiganbayan for the latter has
no jurisdiction over collection cases (Herrera, Vol.
IV, p. 231, 2007 ed.).
An essential requisite of consolidation is that the
court must have jurisdiction over all the cases
consolidated before it. Since the Sandiganbayan
does not have jurisdiction over the collection case,
the same cannot An essential requisite of
consolidation is that the court must have
jurisdiction over all the cases consolidated before
it. Since the Sandiganbayan does not have
jurisdiction over the collection case, the same
cannot (Republic vs. Court of Appeals)

SUBSIDIARY CIVIL LIABILITY OF
EMPLOYER
Pursuant to Article 103, in relation to Art. 102 of
RPC, an employer may be held subsidiarily liable
for the employee’s civil liability in a criminal action
when:
a. The employer is engaged in any kind of
industry
b. The employee committed the offense in the
discharge of his duties
c. Employee is insolvent and has not satisfied
his civil liability.
The civil liability if the employer arises only after
conviction of the employee of the criminal offense
charged. It is his concerns to see to it that his
interest be protected in the criminal case by taking
virtual participation in the defense of his employee.
To allow an employer to dispute the civil liability
fixed in the criminal case would be to amend,
nullify, or defeat a final judgement rendered by a
competent court.
SEC. 3. WHEN CIVIL ACTION MAY
PROCEED INDEPENDENTLY
In this case, the offended party can file two separate
suits for the same act or omission. The first, a
criminal case where the civil action to recover civil
liability ex delicto (Art. 100, RPC) is deemed
instituted, and the other a civil case for quasi delict-
without violating the rule on non-forum shopping.
The two cases can proceed simultaneously and
independently of each other. The only limitation is
the the offended party cannot recover damages
twice for the same act or omission of the defendant.
At the time of the filing of the complaint for
damages in this case, the cause of action ex quasi
delicto had already prescribed. The trial court
should not have dismissed the complaint on the
ground of prescription, but instead allowed the
complaint for damages ex delicto to be prosecuted
on the merits. This does not offend the policy that
the reservation or institution of a separate civil
action waives the other civil actions. The rationale
behind this rule is the avoidance of multiple suits
between the same litigants arising out of the same
act or omission of the offender. However, since the
stale action for damages based on quasi delict
should be considered waived, there is no more
occasion for petitioners to file multiple suits against
private respondents as the only recourse available to
them is to pursue damages ex delicto. (Santos vs.
Pizarro)
The extinction of civil liability referred to Section
2(b) of Rule 111, refers exclusively to civil liability
founded on Article 100 of the Revised Penal Code,
whereas the civil liability for the same act
considered as a quasi delict only and not as a crime
is not extinguished even by a declaration in the
criminal case that the criminal act charged has not
happened or has not been committed by the
accused. (Manliclic vs. Calaunan)
SEC. 4. EFFECT OF DEATH ON CIVIL
ACTIONS
1. After arraignment and during the pendency of
the criminal action
GR: The civil liability of the accused based on the
crime is extinguished.
As a general rule, the death of an accused pending
appeal extinguishes her criminal liability and the
corresponding civil liability based solely on the
offense (delict). The death amounts to an acquittal
of the accused based on the constitutionally
mandated presumption of innocence in her favor,
which can be overcome only by a finding of guilt —
something that death prevents the court from
making. (Bernardo vs. People)
For conduct constituting defamation, fraud, and
physical injuries, the Civil Code likewise grants the
offended party the right to institute a civil action
independently of the criminal action under Article
33 of the Civil Code. (Bernardo vs. People)
EXC:
a. Independent civil action based on Arts. 32 33, 34
and 2176 of the Civil Code
The independent civil liabilities, however,
survive death and an action for recovery therefore
may be generally pursued but only by filing a
separate civil action and subject to Section 1, Rule
111 of the Rules on Criminal Procedure as
amended. This separate civil action may be
enforced against the estate of the accused (Bernardo
vs. People)
b. Civil liability predicated on other sources
of obligations, i.e. law, contract, and quasi-contract,
which is subsequently instituted;
2. Before arraignment – the offended party may
file the civil action against the estate of the
deceased (Sec. 4).
3. Pending appeal
a. Civil liability arising from the crime is
extinguished
b. Civil liability predicated from another source
survives i.e. civil liability arising from law,
contracts, quasi-contract and quasi-delict.
SEC. 7 PREJUDICIAL QUESTION
Prejudicial question is one which arises in a case,
the resolution of which is a logical antecedent of the
issue involved therein and the cognizance of which
pertains to another tribunal.
The prejudicial question must be determinative of
the case before the court but the jurisdiction to try
and resolve the question must be lodged in another
court or tribunal. 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.The rationale
behind the principle of prejudicial question is to
avoid conflicting decisions. (People vs. Consing,
Jr.)
Neither is there a prejudicial question if the civil
and the criminal action can, according to law,
proceed independently of each other. (People vs.
Consing, Jr.)
Elements of Prejudicial Question
1. The civil action must be instituted prior to the
criminal action;
2. The civil action involves an issue similar or
intimately related to the issue raised in the
subsequent criminal action; and
3. The resolution of such issue determines whether
or not the criminal action may proceed (Sec. 7).
Note: For the principle of prejudicial question to
apply, it is essential that there be two cases
involved, invariably a civil case and a criminal case.
If the two cases are both civil or if they are both
criminal, the principle does not apply.
The law limits a prejudicial question to a previously
instituted civil action not to a subsequent one.
When can a prejudicial question be raised
1. The prejudicial question may be raised during the
preliminary investigation of the offense or in court
before the prosecution rests its case.
2. The suspension of the criminal case due to a
prejudicial question is only a procedural matter, and
is subject to a waiver by virtue of prior acts of the
accused.
3. There is no prejudicial question where one case is
administrative and the other is civil.
Petition for suspension by reason of prejudicial
question can be filed in:
1. Office of the prosecutor; or
2. Court where the criminal action has been filed for
trial at any time before the prosecution rests (Sec. 6).
When, in the course of the actions taken by those to
whom the complaint is endorsed or forwarded, a
prejudicial question is found to be pending, Section
6, Rule 111 of the Rules of Court should be applied
in a suppletory character. As laid down in Yap v.
Paras, 205 SCRA 625 (1992), said rule directs that
the proceedings may only be suspended, not
dismissed, and that it may be made only upon
petition, and not at the instance of the judge alone
or as in this case, the investigating officer.
(Philippine Agila Satellite, Inc. vs. Lichauco)
Bigamy Case
In the case of Montañez vs. Cipriano, here, at the
time respondent contracted the second marriage, the
first marriage was still subsisting as it had not yet
been legally dissolved. As ruled similar cases, the
subsequent judicial declaration of nullity of the first
marriage would not change the fact that she
contracted the second marriage during the
subsistence of the first marriage. Thus, respondent
was properly charged of the crime of bigamy, since
the essential elements of the offense charged were
sufficiently alleged. What makes a person
criminally liable for bigamy is when he contracts a
second or subsequent marriage during the
subsistence of a valid marriage.
Also, the contention of Montañez that since her two
marriages were contracted prior to the effectivity of
the Family Code, Article 40 of the Family Code
cannot be given retroactive effect because this will
impair her right to remarry without need of securing
a judicial declaration of nullity of a completely void
marriage HAS NO MERIT.
- The fact that procedural statutes may
somehow affect the litigants’ rights may not
preclude their retroactive application to
pending actions. The retroactive application
of procedural laws is not violative of any
right of a person who may feel that he is
adversely affected. The reason is that as a
general rule, no vested right may attach to,
nor arise from, procedural laws.
What are the rules regarding filing fees of civil
action deemed instituted with the criminal
action?
1. Actual damages
GR: No filing fee is required.
EXC: B.P. 22 cases, wherein the amount of
the filing fees shall be equivalent to the amount of
the check involved.
2. Liquidated, moral, nominal, temperate or
exemplary damages – The filing fee shall be
based on the amount alleged in the complaint or
information (Sec. 1).
Note: If the amount of the damages claimed is not
specifically alleged in the complaint or information,
but the court subsequently awards such, the filing
fees based on the amount awarded shall constitute a
first lien on the judgment (Sec. 1Rule 111).
What is the extent of damages that may be
awarded in civil liability arising from a crime?
1. Actual damages e.g. loss of earning capacity;
2. Moral damages;
3. Exemplary damages
4. Life expectancy
Note: Attorney’s fees may be awarded if:
1. Exemplary damages is awarded; or
2. Civil action is separately instituted from the
criminal action
What is the effect of the failure to plead damages
in the complaint or information?
 The offender is still liable and the offended party
has the right to prove and claim for them in the
criminal case, unless a waiver or reservation of the
civil action is made

Note: In an appeal of a criminal case the appellate

court may impose additional damages or increase or
decrease the amount of damages upon the accused-
appellant. HOWEVER, additional penalties
CANNOT be imposed upon a co- accused who DID
NOT APPEAL, BUT modifications of the judgment
BENEFICIAL to him are considered in his favor.

What is the effect of the failure to plead

damages in the complaint or information?
The offender is still liable and the offended party
has the right to prove and claim for them in the
criminal case, unless a waiver or reservation of the
civil action is made

May the accused file counterclaims, cross-claims

or third party complaints in a criminal
proceeding?
No. Counterclaims, cross claims, third party
complaints are no longer allowed in a criminal
proceeding. Any claim which could have been the
subject thereof may be litigated in a separate civil
action.
Reasons:

1. The counterclaim of the accused will

unnecessarily complicate and confuse the criminal
proceedings;
2. The trial court should confine itself to the
criminal aspect and the possible civil liability of the
accused arising out of the crime.