RULE 111: When Civil Action May Proceed Independently

RULE 111
Sec. 3
When civil action may proceed 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.
GR: Rule 111, Sec.1 of RoC in relation to Art. 100 of RPC
-When criminal action is instituted likewise civil action is

deemed instituted in relation to the offense charged
arising from delict.
EXPNs: SEC.1, RULE 111 of the RoC

-offended party waives the civil action.
-offended party reserves the right to institute separate
civil action
-offended party institutes civil action prior to the
criminal action.
Independent Civil Actions,

ART. 32, 33, 34 of the NCC (contracts,quasi-contracts)
ART. 2176 of the NCC (quasi-delict)
Casupanan v Laroy 388 SCRA 28
 Actions under Articles 32,33,34 and 2176

of the Civil Code may be file separately
and prosecuted independently even
without any reservation in the criminal
action.
 The failure to make reservation in the
criminal action is not a waiver of the right
to file a separate and independent civil
action.
 Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs,
defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another
person shall be liable to the latter for damages:
 (1) Freedom of religion;

 (2) Freedom of speech;
 (3) Freedom to write for the press or to maintain a periodical publication;
 (4) Freedom from arbitrary or illegal detention;
 (5) Freedom of suffrage;
 (6) The right against deprivation of property without due process of law;
 (7) The right to a just compensation when private property is taken for public use;
 (8) The right to the equal protection of the laws;
 (9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and
seizures;
 (10) The liberty of abode and of changing the same;
 (11) The privacy of communication and correspondence;
 (12) The right to become a member of associations or societies for purposes not contrary to law;
 (13) The right to take part in a peaceable assembly to petition the government for redress of grievances;
 (14) The right to be free from involuntary servitude in any form;
 (15) The right of the accused against excessive bail;
 (16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause
of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to
have compulsory process to secure the attendance of witness in his behalf;
 (17) Freedom from being compelled to be a witness against one's self, or from being forced to confess
guilt, or from being induced by a promise of immunity or reward to make such confession, except when the
person confessing becomes a State witness;
 (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or
inflicted in accordance with a statute which has not been judicially declared unconstitutional; and
 (19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a
criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for
damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the
latter be instituted), and mat be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a
violation of the Penal Code or other penal statute.
 Art. 33. In cases of defamation, fraud, and physical
injuries a civil action for damages, entirely separate
and distinct from the criminal action, may be brought
by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall
require only a preponderance of evidence.
 Art.34. When a member of a city or municipal police

force refuses or fails to render aid or protection to any
person in case of danger to life or property, such
peace officer shall be primarily liable for damages,
and the city or municipality shall be subsidiarily
responsible therefor. The civil action herein
recognized shall be independent of any criminal
proceedings, and a preponderance of evidence
shall suffice to support such action.

 Art. 2176. 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
contractual relation between the parties,
is called a quasi-delict and is governed
by the provisions of this Chapter. (1902a)

Salta vs. De Veyra 117 SCRA 212
-the Supreme Court ruled that the civil action

must be an independent civil action which
can be pursued independently of the
criminal action regardless the result of the
other.
Quantum of Evidence Required
under Article 32,33,34 and 2176 of
the NCC
 Preponderance of Evidence
- the standard of proof in most civil cases in which
the party bearing the burden of proof must
present evidence which is more credible and
convincing than that presented by the other
party or which shows that the fact to be proven is
more probable than not.
Proscription
 Offended party cannot recover damages

twice for the same act or omission
charged in the criminal action.
Padua vs Robles 66 SCRA 485
 Theindependent civil action in relation to
Art. 2177 of NCC may be pursued
against the same person who is the
accused in the criminal case,
nevertheless, if the accused lost in both
cases, the wining offended party cannot
recover damages twice from the
defendant based on the same act or
omission charge in the criminal 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 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. (n)
Effects of the death of the accused after
arraignment during the pendency of the
case
GR: Extinguishment of the criminal liability and civil liability

arising from the delict.
EXPNS:
1. Independent civil actions instituted under Sec.3 of this

Rule or 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.
2. 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.
3. The court shall forthwith order said legal

representative or representatives to appear and be
substituted within a period of thirty (30) days from
notice.
Accused dies before the
arraignment.
The case shall be dismissed but the

offended party may file a proper civil
action against the estate of the deceased.
Under RULE 87 of RoC
Abs-cbn Broadcasting Corporation v Ombudsman
G.R. No. 133347, October 15, 2008
Reiterated some rules in relation to PP v Bayotas:
a. The death of the accused prior to the final

judgment terminates his criminal liability and only
the civil liability directly arising from and based
solely on the same offense committed. But the
claim for civil liability predicated on a source of
obligation other than a delict survives
notwithstanding the death of the accused. In
other words, the civil liability based solely on the
criminal action is the one that is extinguished.
b. Where the civil liability survives, an action for
recovery therefore may be pursued but only by
way of separate civil action. Thus, may be
enforced either against the executor/administrator
or the estate of the accused, depending on the
source of obligation upon which the same is based.
Article 89 of RPC.
- The death of the accused during the pendency of
his appeal with SC totally extinguished his criminal
liability likewise extinguished the civil liability that
was based exclusively on the crime.
Novation: Affects Only of Civil
Liability not Criminal Liability
Metropolitan Bank & Trust

Company v Rogelio Reynaldo
and Jose C. Andrandea.
Effect of Acquittal of the accused.
GR: The extinction of the penal action does not carry

with it the extinction of the civil action. Sec. 2, RULE
11
CHING vs. NICDAO 522 SCRA 316

(accused may still be adjudged civilly liable)
a. Acquittal is based on reasonable doubt as only
preponderance of evidence is required.
b. The court declares that the liability is only civil.
c. Civil liability does not arise from the crime which
the accused was acquitted.
EXPN:
in the criminal action that the act or omission from
which the civil liability may arise did not exist. SEC.
2, RULE 111
HUN HYUNG PARK v EUNG WONG CHOI

G.R. 165496, February 12, 2007
The civil action based on the delict may however,

be deemed extinguished if there is a finding on the
final judgment in the criminal action that the act or
omission from which the civil liability may arise did
not exist.
 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.
(4a)
 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)

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RULE 111

-When criminal action is instituted likewise civil action is

EXPNs: SEC.1, RULE 111 of the RoC

Independent Civil Actions,

 Actions under Articles 32,33,34 and 2176

 (1) Freedom of religion;

 Art.34. When a member of a city or municipal police

-the Supreme Court ruled that the civil action

 Offended party cannot recover damages

A final judgment entered in favor of the offended party shall be enforced

GR: Extinguishment of the criminal liability and civil liability

1. Independent civil actions instituted under Sec.3 of this

3. The court shall forthwith order said legal

The case shall be dismissed but the

Reiterated some rules in relation to PP v Bayotas:

a. The death of the accused prior to the final

Metropolitan Bank & Trust

GR: The extinction of the penal action does not carry

CHING vs. NICDAO 522 SCRA 316

HUN HYUNG PARK v EUNG WONG CHOI

The civil action based on the delict may however,

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