PROSECUTION OF CIVIL ACTION
Category: Criminal Procedure
WHAT IS THE GENERAL RULE GOVERNING THE INSTITUTION OF CRIMINAL AND CIVIL ACTIONS IN RELATION TO THIS SECTION?
> The general rule is that when a criminal action is instituted, the civil action for the recovery of the civil liability arising from the offense charged under Article 100 of the RPC shall be deemed instituted with the criminal action
> Hence, the subsidiary civil liability of the employee under Article 103 of the RPC may be enforced by execution on the basis of the judgment of conviction meted out the employee
o NOTE: Under the present amendment, the employer may no longer be civilly liable for quasi-delict in the criminal action. The reason for this is that quasi-delict is not deemed instituted with the criminal action. The only civil liability of the employer in the criminal action would be
his subsidiary liability under the Article 102 and 103 of the RPC (Philippine Rabbit Bus case)//
WHAT IS THE JURIDICAL BASIS OF THE PRINCIPLE OF IMPLIED INSTITUTION OF THE CIVIL ACTION WITH THE CRIMINAL ACTION?
> The bases are found in the following:
1. Article 100 of the RPC: Every person criminally liable for a felony is also civilly liable
2. Article 2176 of the New Civil Code: Whoever by act or omission causes damage to another there being fault or negligence is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing obligation is called quasi-delict and is governed by the provisions of this Code
3. Article 1157 of the New Civil Code: Obligations may arise from acts or omissions punished by law and from quasi-delict
WHAT ARE THE EXCEPTIONS?
> The civil action is not deemed instituted in the following cases:
1. When the offended party has waived the civil action
2. When the offended party has reserved the right to institute it separately
3. When the offended party has instituted the civil action prior to the institution of the criminal action
WHAT KIND OF CIVIL ACTION IS DEEMED INSTITUTED WITH THE CRIMINAL ACTION?
> Only the civil action for the recovery of the civil liability arising from the offense under Article 100 of the RPC, and not the independent under Article 32, 33, 34 and 2176 of the Civil Code,
are deemed instituted with the criminal action
WHAT IS THE DUAL CONCEPT OF CIVIL LIABILITY?
> Dual concept of civil liability means that civil liability may arise from crimes or from quasi-delicts
> Thus, a negligent act which causes damage may produce two kinds of civil liability—one arising from crime and another arising from quasi-delict
> The only limitation is that the offended party may not recover twice from the same act
RULE 111 - PROSECUTION OF CIVIL ACTION
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 therefore 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.
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.
(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.
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
PROSECUTION OF CIVIL ACTION
Category: Criminal Procedure
WHAT IS THE GENERAL RULE GOVERNING THE INSTITUTION OF CRIMINAL AND CIVIL ACTIONS IN RELATION TO THIS SECTION?
> The general rule is that when a criminal action is instituted, the civil action for the recovery of the civil liability arising from the offense charged under Article 100 of the RPC shall be deemed instituted with the criminal action
> Hence, the subsidiary civil liability of the employee under Article 103 of the RPC may be enforced by execution on the basis of the judgment of conviction meted out the employee
o NOTE: Under the present amendment, the employer may no longer be civilly liable for quasi-delict in the criminal action. The reason for this is that quasi-delict is not deemed instituted with the criminal action. The only civil liability of the employer in the criminal action would be
his subsidiary liability under the Article 102 and 103 of the RPC (Philippine Rabbit Bus case)//
WHAT IS THE JURIDICAL BASIS OF THE PRINCIPLE OF IMPLIED INSTITUTION OF THE CIVIL ACTION WITH THE CRIMINAL ACTION?
> The bases are found in the following:
1. Article 100 of the RPC: Every person criminally liable for a felony is also civilly liable
2. Article 2176 of the New Civil Code: Whoever by act or omission causes damage to another there being fault or negligence is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing obligation is called quasi-delict and is governed by the provisions of this Code
3. Article 1157 of the New Civil Code: Obligations may arise from acts or omissions punished by law and from quasi-delict
WHAT ARE THE EXCEPTIONS?
> The civil action is not deemed instituted in the following cases:
1. When the offended party has waived the civil action
2. When the offended party has reserved the right to institute it separately
3. When the offended party has instituted the civil action prior to the institution of the criminal action
WHAT KIND OF CIVIL ACTION IS DEEMED INSTITUTED WITH THE CRIMINAL ACTION?
> Only the civil action for the recovery of the civil liability arising from the offense under Article 100 of the RPC, and not the independent under Article 32, 33, 34 and 2176 of the Civil Code,
are deemed instituted with the criminal action
WHAT IS THE DUAL CONCEPT OF CIVIL LIABILITY?
> Dual concept of civil liability means that civil liability may arise from crimes or from quasi-delicts
> Thus, a negligent act which causes damage may produce two kinds of civil liability—one arising from crime and another arising from quasi-delict
> The only limitation is that the offended party may not recover twice from the same act
RULE 111 - PROSECUTION OF CIVIL ACTION
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 therefore 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.
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.
(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.
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
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