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Module 3.
Prosecution of Civil Action
RULE 111

Overview.

Generally, a criminal case has two aspects, the criminal and civil, this is based on
Article 100 of the Revised Penal Code that “every person criminally liable is also civilly
liable:’ unless in an instance when no actual damage arise from an offense. By implication,
filing of criminal case comes with it the civil case except from those circumstances that a
civil action is filed separately as may be allowed by the rules.

This module will be discussing those instances that a civil action may be instituted
separately from the criminal action.

Objectives: at the end of the lesson, students are expected to:

1. Discuss the institution of civil and criminal actions;

2. Know the effect of filing the criminal action to a civil case filed ahead of from the
criminal action;
3. Discuss the effect of death of the accused on civil liability; and
4. Know the effect of pre judicial question.

Section 1. Institution of criminal and civil actions. — (a) 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.

The reservation of the right to institute separately the civil action shall be made
before the prosecution starts presenting its evidence and under circumstances affording the
offended party a reasonable opportunity to make such reservation.

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 constitute a first lien on the
judgment awarding such damages.

Where the amount of damages, other than actual, is specified in the complaint or
information, the corresponding filing fees shall be paid by the offended party upon the filing
thereof in court.

Except as otherwise provided in these Rules, no filing fees shall be required for
actual damages.
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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. (1a)

(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to include
the corresponding civil action. No reservation to file such civil action separately shall be
allowed.

Upon filing of the aforesaid joint criminal and civil actions, 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. 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. 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.

Where the civil action has been filed separately and trial thereof has not yet
commenced, it may be consolidated with the criminal action upon application with the court
trying the latter case. If the application is granted, the trial of both actions shall proceed in
accordance with section 2 of this Rule governing consolidation of the civil and criminal
actions. (cir. 57-97)

Does the institution of the criminal action includes the civil action as well?

General Rule: (Yes) When the 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.
(Sec. 1a, Rule 111, Revised Rules of Court)

Exceptions: when the offended party:

1. Waives the civil action;

2. Reserves his right to institute a separate civil action; or
3. Institute a civil action prior to the criminal action. (ibid.)

Purpose: to prevent double recovery. (Yakult Philippines v. CA, GR No. 91856, October 5,
1990)

What civil actions are not deemed impliedly instituted in the criminal action?

Those that are:

1. Arising from breach of contract;

2. Independent civil action or those based on Arts. 31,32 and 33 of the Civil Code; and
3. Based on Art 2176of the New Civil Code or quasi delict (Herrera, vol. Iv, p. 216,
2007 ed.)
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When should the reservation to file a separate civil action be made?

1. Before the prosecution starts to present its evidence; and

2. Under circumstances affording the offended party a reasonable opportunity to make

such reservation. (Sec.1, Rule 111)

Exercise #3.1

Based on your Criminal Law Book 1. What are the civil liabilities (damages) that may arise from
a criminal act? Enumerate and discuss them.

Section 2. When separate civil action is suspended. — 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.

If the criminal action is filed after the said civil action has already been instituted, the
latter shall be suspended in whatever stage it may be found before judgment on the merits.
The suspension shall last until final judgment is rendered in the criminal action.
Nevertheless, before judgment on the merits is rendered in the civil action, the same may,
upon motion of the offended party, be consolidated with the criminal action in the court
trying the criminal action. In case of consolidation, the evidence already adduced in the civil
action shall be deemed automatically reproduced in the criminal action without prejudice to
the right of the prosecution to cross-examine the witnesses presented by the offended party
in the criminal case and of the parties to present additional evidence. The consolidated
criminal and civil actions shall be tried and decided jointly.

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. (n)

The extinction of the penal action does not carry with it extinction of 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. (2a)

When separate 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 had been rendered in the criminal action;
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 in
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whatever stage it may be found until the final judgment in the criminal action has
been rendered.

Exceptions:

1. In cases of independent civil action based upon articles: 32,33,34 and 2176 of the
Civil Code;
2. In cases where the civil action presents a prejudicial question;
3. In cases where the civil action is consolidate with criminal action; and
4. Where the civil action is one not intended to enforce the civil liability arising from the
offense.

Section 3. When civil action may proceeded independently. — In the cases provided for in
Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action
may be brought by the offended party. It shall proceed independently of the criminal action
and shall require only a preponderance of evidence. In no case, however, may the offended
party recover damages twice for the same act or omission charged in the criminal action.

The institution of an independent civil action based on Arts. 32, 33, 34 and 2176 of
the Civil Code against the offender may proceed independently of the criminal case of the
same time without the suspension of any proceeding.

Consequences of the independent character of actions under Articles 32, 33, 34 and 2176

1. The right to bring the civil action shall proceed independently of the criminal action
and regardless of the result of the latter;
2. The quantum of evidence required is preponderance of evidence;
3. The right to bring the foregoing actions based on the Civil Code need not be
reserved in the criminal prosecution, since they are not deemed included therein;
4. The institution or the waiver of the right to file a separate civil action arising from the
crime charged does not extinguish the right to bring an independent civil action;
5. The only limitation is that the offended party cannot recover more the one for the
same act or omission;

6. Even if civil action ids filed separately, the ex delicto civil liability in the criminal
prosecution remains and the offended party may-subject to the control of the
prosecutor- still intervene in the criminal action in order to protect the remaining civil
interest therein

Exercise # 3.2

Does the extinction of the penal action carry with it the extinction of the civil action?

Section 4. Effect of death on civil actions. — The death of the accused after arraignment
and during the pendency of the criminal action shall extinguish the civil liability arising from
the delict. However, the independent civil action instituted under section 3 of this Rule or
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which thereafter is instituted to enforce liability arising from other sources of obligation may
be continued against the estate or legal representative of the accused after proper
substitution or against said estate, as the case may be. The heirs of the accused may be
substituted for the deceased without requiring the appointment of an executor or
administrator and the court may appoint a guardian ad litem for the minor heirs.

The court shall forthwith order said legal representative or representatives to appear and be
substituted within a period of thirty (30) days from notice.

A final judgment entered in favor of the offended party shall be enforced in the manner
especially provided in these rules for prosecuting claims against the estate of the deceased.

If the accused dies before arraignment, the case shall be dismissed without prejudice to
any civil action the offended party may file against the estate of the deceased.

How does the death of the accused affect the civil aspect of the case?

A. If the accused died.

1. After arraignment and during the pendency of the criminal action.

General rule: the civil liability of the accused based on the crime is extinguished.

Exceptions: the following shall continue

a. Independent civil action based on Arts. 32,33,34 and 2176 of the civil code;
and
b. Civil liability predicated on other sources of obligations, law, contract and
quasi contract which is subsequently instituted.

2. Before arraignment. The offended party may file the civil action against the state
of the deceased.
3. Pending appeal.

a. Civil liability arising from crime is extinguished

b. Civil liability predicated from another sources survive, example civil liability
arising from law, contracts, quasi contracts and quasi delicts.

Section 5. Judgment in civil action not a bar. — 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 of the civil action.

Exercise #3.3.

May judgment to independent civil action a bar to criminal action? Explain.

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Section 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. (6a)

Section 7. Elements of prejudicial question. — The elements of a prejudicial question are:

(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. (5a)

What is prejudicial question?

Is one which arises in a case, the resolution of which is logical antecedent of the
issue involved therein and the cognizance of which pertains to another tribunal.

What are the elements of pre judicial 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 issue determines whether or not the criminal action may
proceed.

When may pre judicial question be raised?

1. May be raised during the preliminary investigation of the offense or in court before
the prosecution rests its case.
2. The suspension of criminal action due to pre judicial question is only a procedural
matter, and is subject to a waiver by virtue of the prior acts of the accused.
3. There is no pre judicial question where one case is administrative and the other is
civil.

When do you plead a pre judicial question?

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.

Where should the petition for suspension by reason of pre judicial question be filed?

1. Office of the prosecutor or

2. Court where the criminal action has been filed for trial at any time before the
prosecution rests.

Exercise #3.4. Determine whether pre judicial question exists.

1. A question of ownership in a pending civil case justifies the suspension of for the criminal
case for the violation of the Anti-squatting law.
2. A civil action (replevin) filed to suspend the criminal case of theft.
 Explain your answer.

Exercise #3.5. Define the following and give an example.

1. Civil action
2. Criminal action
3. Independent civil action
4. Pre judicial question

Case Digest. #3

1. Yakult Philippine vs. Court of Appeals. GR. No. 91856, October 5, 1990
2. DMPI Employee Credit Cooperative vs. Velez GR. No. 129282, Nov. 29, 2001
3. Apa vs. Fernandez GR No. 112318, March 20, 1995

References:

Madelo, Porferio C. 2013. Criminal Justice System: Basic Concepts and Approaches. Rex Book Store, Inc.
Manila

San Beda. 2017 Memory aid on Remedial Law. San Beda Bar Operations. Manila

Supreme Court Reports Annotated. (SCRA)