Rule 111

Prosecution of Civil Action

Prepared by: Prof. Jadraque

Institution of criminal and civil action
General Rule:
(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.
When:
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. (Sec. 1)

Prepared by: Prof. Jadraque

Basis:
 Underlying the above principle is the traditional theory
that when a person commits a crime, he offends two
entities, namely:
 (a) the society in which he lives in or the political entity
called the State, whose low he has violated; and
 (b) the individual member of that society whose person,
right, honor, chastity or property was actually or directly
injured or damaged by the same punishable act or
omission. (Lee Pue Liong v. Chua Pue Chin Lee, G.R. No.
181658, 8/7/2013).

Prepared by: Prof. Jadraque

Purpose:
 For the criminal action  to punish the offender in order to deter
him and other from committing the same or similar offense, to
isolate him from society, reform and rehabilitate him or in
general, to maintain social order.
 For the civil aspect  for the resolution, reparation and
indemnification of the private offended party for the damage or
injury he sustained, if any by reason of the delictual or felonious
act of the accused. (Ricarze v. CA, 515 SCRA 302)
  civil aspect arising from the delict or offense
 judgment of conviction includes a judgment on the civil
liability.
Prepared by: Prof. Jadraque
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.
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 shall be liable to
the latter for damages….
Art. 33. In cases of defamation, fraud and physical injuries…
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…
Art. 2176. Whoever by act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage done….
 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
therefor 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. (Sec. 1a)

Prepared by: Prof. Jadraque

Illustration:
 If the employee/driver of a common carrier, by his
negligent act, causes serious injuries to a pedestrian, the
former is not only civilly liable as a result of the felonious
act (reckless imprudence resulting in serious physical
injuries) but is, likewise liable under a quasi-delict or
culpa aquiliana pursuant to Art. 2176 of the Civil Code.
 But what the law proscribes is double recovery. Art. 2177
of the Civil Code declares that “the plaintiff cannot
recover damages twice for the same act or omission of the
defendant.”( reiterated in Sec. 3, Rule 111)

 Prepared by: Prof. Jadraque

Exception: Prepared by: Prof. Jadraque
(b) The criminal action for violation of BP 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 the 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.
Corollary application of Art. 100
Prepared by: Prof. Jadraque

If the person is not criminally liable, he is also not civilly liable?

Our law recognizes two kinds of acquittal, with different effects
on the civil liability of the accused. First is an acquittal on the ground
that the accused is not the author of the act or omission complained
of. This instance closes the door to civil liability, for a person who has
been found to be not the perpetrator of any act or omission cannot and
can never be held liable for such act or omission. The second instance is
an acquittal based on reasonable doubt on the guilt of the accused. In
this case, even if the guilt of the accused has not been satisfactorily
established, he is not exempt from civil liability which may be proved by
preponderance of evidence only. However, even if respondent was
acquitted because the prosecution failed to prove his guilt beyond
reasonable doubt, his guilt was proven by preponderance of evidence
that would make him liable to civilly (Castillo v. Salvador, G.R. No.
191240, 07/30/2014).
To reiterate:
 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.
 Hence, it is correct to argue that there being no
reservation, waiver nor prior institution of the civil aspect
of the criminal case, it follows that the civil case arising
from grave threats is deemed instituted with the criminal
action and hence, the private prosecutor may rightfully
intervene to prosecute the civil aspect.
 BUT, this rule has no application to independent civil action.

Prepared by: Prof. Jadraque

When separate civil action is suspended?
Prepared by: Prof. Jadraque

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.

The extinction of the penal action does not carry with it

extinction of the civil action. However, the civil action based on
delict may be deemed extinguished if there is a finding in the final
judgment in the criminal action that the act or omission from which
the civil liability may arise did not exist.

Prepared by: Prof. Jadraque

 Effect of death of accused in 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 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. 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. (Sec. 4)
Prepared by: Prof. Jadraque
 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 of the
offended party may file against the estate of the deceased.
(Sec. 4)

Prepared by: Prof. Jadraque

Illustration:

 A engaged into a fist fight with B after the latter

challenged him. B was overpowered and died as a
consequence. A was charged for homicide however he
subsequently dies as well because he was inflicted with
covid-19 from a fellow inmate while in jail. What is the
effect of his death to his criminal liability? Civil liability?
(10 pts)

Prepared by: Pros. Jadraque

Suggested Answer:
 A. With the death of A, his death shall extinguish his criminal
liability.
 B. With respect to A’s civil liability, his death will produce the
following effects, to wit:
 1. Death after arraignment – since the accused died after
arraignment and during the pendency of the criminal action, the
civil liability of the accused arising from the crime/offense/delict
is extinguished.
 Rule is the same before arraignment, even after conviction
pending appeal.
 But said rule has no application to independent civil action; the
offended party may file against the estate of the deceased
Prepared by: Pros. Jadraque
Effects of acquittal or extinction of the penal action on the
civil action or civil liability:

 The extinction of the penal action does not carry with it the extinction
of the civil action (Sec. 2, Rule 111). Hence, if the accused is found not
to be criminally liable, it does not necessarily mean that he will not,
likewise, be held civilly liable.
 As a rule, extinction of the penal action does not carry with it the
extinction of the civil liability where:
 (a) the acquittal is based on reasonable doubt as only preponderance of
evidence is required;
 (b) the court declares that the liability of the accused is only civil; and
 (c) the civil liability of the accused does not arise from or is not based
upon the crime of which the accused is acquitted.
Prepared by: Pros. Jadraque
BUT
 The civil action based on delict may be deemed
extinguished if there is a finding on the final judgment in
the criminal action that:
 (a) the prosecution absolutely failed to prove the guilt of
the accused;
 (b) the act or omission from which the civil liability may
arise did not exist; or
 (c) where the accused did not commit the acts or omission
imputed to him (Estate of Honorio Poblador v. Manzano,
G.R. No. 192391, 6/9/2017)
Prepared by: Pros. Jadraque
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. (Sec. 5)
 ICA, payment was made; the crim case can still proceed

Prepared by: Prof. Jadraque

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. (Sec. 6)

The elements of a prejudicial question are:

(a) 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. (Sec 7)
Prepared by: Prof. Jadraque
 Thus, for a civil action to be considered prejudicial to a
criminal case, the following requisites must be present: (1)
the civil case involves facts intimately related to those
upon which the criminal prosecution would be based;
 (2) in the resolution of the issue or issues raised in the civil
action, the guilt or innocence of the accused would
necessarily be determined; and
 (3) jurisdiction to try said question must be lodged in
another tribunal (Magestrado v. People, 527 SCRA 125)
 Breach of contract and subsequent estafa

 Prepared by: Prof. Jadraque

Other matters to remember:
 the civil action must have been instituted ahead of the
criminal action (Torres v. Garchitorena, 394 SCRA 494)
 the civil action and a criminal action are both pending
 Criminal action will be suspended
 File the petition in the criminal case

Prepared by: Prof. Jadraque

 Prepared by: Prof. Jadraque

 General Rule: Criminal action takes precedence over civil actions.

Exceptions: a. independent civil actions; b. prejudicial questions
Even a preliminary investigation may be suspended by a
prejudicial question. To suspend a criminal action, the move to suspend
should first be filed before the prosecution rests.
Prejudicial question is that which arises in a case the resolution of
which is a logical antecedent of the issues involved in said cases, and the
cognizance of which pertains to another tribunal (Lu Hayco v. CA, Aug.
26, 1985)
The test in determining the existence of a prejudicial question: It must
appear not only that the civil case involves the same facts upon which
the criminal prosecution is based, but also that the resolution of the
issues in said civil action would be necessarily determinative of the guilt
or innocence of the accused (Yap v. Paras, G.R. 101236, Jan. 30, 1992)
 Prepared by: Prof. Jadraque

A prejudicial question can be interposed at the Office of the Prosecutor, but:

(a) The question can also be raised in court;
(b) If raised, the court should merely suspend the criminal case;
(c) The court must wait for a motion, otherwise, that is a waiver;
(d) The court cannot motu proprio suspend the criminal case (Yap v. Paras)
A prejudicial question does not conclusively resolve the guilt or innocence of
the accused but simply tests the sufficiency of the allegations in the
information in order to sustain the further prosecution of the criminal case. A
party who raises a prejudicial question is deemed to have hypothetically
admitted that all the elements of a crime have been adequately alleged in the
information, considering that the prosecution has not yet presented a single
evidence on the indictment or may not yet have rested its case. A challenge of
the allegations is in effect a question on the merits of the criminal charge
through a non-criminal suit (Ninal v. Badayog, G.R. No. 133778, March 14, 2000)
Illustration:
 Determine whether the principle of prejudicial question is
applicable.
 A. Juan was charged for frustrated parricide for his
attempt on the life of his wife Ana. Several months later,
he filed an action for declaration of nullity of their
marriage and he filed an urgent motion to suspend
proceedings with the court trying the frustrated parricide
case. He argued that since his relationship between the
victim is a key element in parricide, the outcome of the
civil case would have a bearing in the criminal case filed
agaisnt him. Rule on his contention.(Pimentel v. Pimentel,
630 SCRA 436) (10 Pts)
 B. Mario contract his first marriage in 1985. Without said
marriage annulled he entered into a subsequent marriage.
He was charged for bigamy. To exonerate himself, he filed
a petition to declare his first marriage null and avoid on
ground that his first marriage was celebrated without a
marriage license. Can Mario successfully moved for the
suspension of his bigamy case on ground of the pendency
of his petition for nullity? Decide. (Marbella-Bobis v. Bobis,
336 SCRA 747) (10 pts)

Prepared by: Prof. Jadraque

“ I will study with all my heart because I
wanted to become a lawyer.”