PROSECUTION OF CIVIL
ACTION
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.
Civil Liability
WHAT CONSTITUTES CIVIL LIABILITY?
> According to Article 104 of the RPC, civil liability includes restitution, reparation, and indemnification
for consequential damages
WHAT IS THE BASIS FOR THE BROADER CONCEPT
OF CIVIL LIABILITY?
> The broader concept of civil liability means that every person criminally liable is also civilly liable
> This is because in a criminal offense, there are two offended parties—the state and the private offended
party
IF THE COMPLAINT DOESN’T CONTAIN AN
ALLEGATION FOR DAMAGES, IS THE OFFENDER STILL
LIABLE FOR THEM?
> Yes, because every person criminally liable is also civilly liable
> Exception: when the offended party has waived or has reserved the right to institute the civil action
separately
WHAT IS THE RULE ON PAYMENT OF DOCKET FEES ON
CIVIL LIABILITY?
> If the offended party seeks to enforce civil liability against accused by way of moral, nominal, temperate, or
exemplary damages (other than actual), the following are the bases for docket fees:
o If amount other than actual damages is stated, it will be based on the stated amount
o If no amount is stated, no docket fees will be paid yet but the docket fees to be paid will constitute a lien
on the damages that will be awarded
WHEN SHOULD THE RESERVATION BE MADE?
> The reservation should be made before the prosecution presents its evidence and under circumstances
affording the offended party a reasonable opportunity to make such reservation
WHAT IS THE REASON FOR THE RULE REQUIRING
RESERVATION?
> The reason is to prevent double recovery from the same act or omission
WHAT IS THE SIGNIFICANCE OF THE APPEARANCE OF
THE OFFENDED PARTY, IN THE CRIMINAL CASE
THROUGH PRIVATE PROSECUTOR?
> The appearance of the offended party may not per se be considered either as an implied election to
have his claim for damages determined in said proceedings or a waiver of the right
to have determined separately
IN A BP22 CASE, CAN THE OFFENDED PARTY MAKE A
RESERVATION OF THE CIVIL ACTION?
> No, the criminal action shall be deemed to include the civil action, and the offended party is not allowed to make
the reservation
> The actual damages and the filing fees shall be equivalent to the value of the check.
Suspension Of Civil Action
Sec. 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 state 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 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 witness 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 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 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.
WHEN IS THE SEPARATE CIVIL ACTION 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 state it may be found before judgment on the merits. The
suspension shall last until final judgment is rendered in the criminal action.
> Nonetheless, the civil action may be consolidate with the criminal action at any time before
judgment on the merits upon motion of the offended party with the court trying the criminal
action
> The evidence presented at the civil action shall be deemed reproduced in the criminal
action without prejudice to the right of the prosecution to cross-examine the witness
presented by the offended party in the criminal case and of the parties to present additional
evidence. The consolidated criminal actions shall be tried and decided jointly
> ONLY EXCEPTION: a prejudicial question arising in a previously filed civil action
should be resolved first
ARE THE INDEPENDENT CIVIL ACTIONS ALSO DEEMED
SUSPENDED WITH THE FILING OF THE CRIMINAL
ACTION?
> No, only the civil action arising from the crime under Article 100 of the RPC is suspended
> The independent civil actions are not suspended and may continue even if the criminal action
has been instituted
> However, the offended party may not recover twice from the same act
> He should only get the bigger award
EFFECT OF ACQUITTAL ON
THE CIVIL ACTION
THE EFFECT OF ACQUITTAL ON THE CIVIL
ACTION
> The general rule is that the civil action is not necessarily extinguished by the acquittal of the accused. Even
if the accused is acquitted, the court can still award civil liability in the following cases:
1. When the acquittal is based on reasonable doubt and there was no negligence
2. When there is a declaration in the decision that the liability of the accused is only civil
3. When the civil liability is not derived from or based on the criminal act of which the accused is
acquitted (independent civil actions)
> However, if the decision contains a finding that the act from which the civil liability may arise doesn’t exist,
the civil liability is extinguished
WHAT ARE THE TWO TYPES OF ACQUITTAL?
1. Acquittal based on reasonable doubt
2. Acquittal based on the merits—he didn't commit the crime
CAN YOU COMPEL A JUDGE BY MANDAMUS TO
AWARD CIVIL DAMAGES?
> Yes, because every person criminally liable is also civilly liable
> Another reason is that even if the accused is acquitted, there are cases when he is still civilly liable
WHAT IS THE REASON FOR ALLOWING CIVIL
LIABILITY TO SUBSIST IN SPITE OF THE ACQUITTAL OF
THE ACCUSED?
> The reason is that the parties in the criminal and civil actions are different—in the criminal action, the party is the
state, while in the civil action, the party is the private offended party
> Also, the two actions require different quantities of evidence—the criminal action requires proof of guilt
beyond reasonable doubt, the civil action on the other hand, requires mere preponderance of evidence
INDEPENDENT CIVIL ACTIONS
Sec. 3. When civil action may proceed independently. – In the cases provided 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.
WHAT ARE THE INDEPENDENT CIVIL ACTIONS?
> The independent civil actions are those provided in Articles 32, 33, 34 and 2176 of the Civil Code
> They may proceed independently of the criminal action and shall require only a preponderance of evidence
> This is the principle of independent civil actions—it can proceed independently from the criminal action.
Nonetheless, the offended party may not have double recovery. The offended party only gets the bigger
award.
IS THERE AN ABSOLUTE RIGHT TO
SUBSTITUTION INFORMATION BY FILING A NEW
ONE?
No, the right is subject to the following limitations:
1. That no judgment has been rendered yet
2. That the accused cannot be convicted of the offense charged or of any other offense
necessarily included therein
3. That the accused will not be placed in double jeopardy
RULE 117 - MOTION TO QUASH
Section 1. Time to move to quash. – At any time before entering his plea, the accused may move to quash the
complaint or information.
WHEN CAN THE ACCUSED FILE A MOTION TO QUASH?
> At any time before entering the plea, the accused may move to quash the complaint or information
AN INFORMATION WAS FILED AGAINST X. X FILED A
MOTION TO QUASH AS THE FACTS IN THE
INFORMATION DIDN’T CONSTITUTE AN OFFENSE. THIS
WAS FILED TOGETHER WITH AN APPLICATION FOR
BAIL. IS THIS VALID?
> Yes. There is no inconsistency that exists between an application of an accused for bail and his filing of a
motion to quash.
Sec. 2. Form and contents. – The motion to quash shall be in writing, signed by the accused or his
counsel and shall distinctly specify its factual and legal grounds. The court shall consider no
ground other than those stated in the motion, except lack of jurisdiction over the offense charged.
WHAT IS THE FORM REQUIRED FOR A MOTION TO
QUASH?
1. It must be in writing
2. It must be signed by the accused or his counsel
3. It must specify its factual and legal grounds
Sec. 3. Grounds. – The accused may move to quash the complaint or information on any of the following
grounds:
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the accused;
(d) That the officer who filed the information had no authority to
do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for various offenses is
prescribed by law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal excuse or justification; and
(i) That the accused has been previously convicted or acquitted of the offense charged, or the case against
him was dismissed or otherwise terminated without his express consent.
WHAT ARE THE GROUNDS THAT THE ACCUSED MAY
INVOKE TO QUASH A COMPLAINT OR INFORMATION?
1. That the facts charged don’t constitute an offense
2. That the court trying the case doesn’t have jurisdiction over the offense
3. That the court trying the case doesn’t have jurisdiction over the accused
4. That the officer who filed the information didn’t have authority to do so
5. That it doesn’t conform substantially to the form subscribed
6. That more than one offense is charged except when a single punishment for various offenses is prescribed
by law
7. That criminal liability or action has been extinguished
8. That it contains averments which, if true, would constitute a legal excuse or justification
9. That the accused has been previously convicted or acquitted of the offense charged, or the case against
him has been dismissed or otherwise terminated without the consent of the accused
CAN THE COURT DISMISS THE CASE BASED ON
GROUNDS THAT ARE NOT ALLEGED IN THE MOTION TO
QUASH?
> The general rule is no, the court cannot consider any ground other than those stated in the motion to quash.
> The exception is the lack of jurisdiction over the offense charged. If this is the ground for dismissing the case,
it need not be alleged in the motion to quash since it goes into the very competence of the court to pass upon the
case.
X FILED A MOTION TO QUASH AN INFORMATION ON
THE GROUND THAT HE WAS IN THE US WHEN THE
CRIME CHARGED WAS COMMITTED. SHOULD THE
MOTION BE GRANTED?
> The motion should be denied
> The accused is already making a defense
> Matters of defense are generally not a ground for a motion to quash they should be presented at the trial
WHAT IS MEANT BY THE STATEMENT THAT A
MOTION TO QUASH HYPOTHETICALLY ADMITS
ALLEGATIONS OF FACT IN THE INFORMATION?
> It means that the accused argues that assuming that the facts charged are true, the information should still
be dismissed based on the ground invoked by the defendant.
> Therefore, since the defendant assumes that the facts in the information are true, only these facts should be
taken into account and the court resolves the motion to quash. Other facts, such as matters of defenses, which are
not in the information should not be considered
> The exceptions to the rule are when the grounds invoked to quash the information are extinction of criminal
liability, prescription, and former jeopardy. In these cases, additional facts are allowed.
CAN THE ACCUSED MOVE TO QUASH ON THE GROUND
THAT HE IS DENIED DUE PROCESS?
> No, denial of due process is not one of the grounds for a motion to quash
WHAT IS THE TEST TO DETERMINE THE VALIDITY OF A
MOTION TO QUASH ON THE GROUND THAT THE
FACTS AVERRED IN THE INFORMATION DON’T
AMOUNT TO AN OFFENSE?
> The test is whether the facts alleged would establish the essential elements of the crime as defined by law, and
in this examination, matters aliunde are not considered
X FILED A MOTION TO QUASH ON THE FOLLOWING
GROUNDS: THAT THE COURT LACKED JURISDICTION
OVER THE PERSON OF THE ACCUSED AND THAT
THE COMPLAINT CHARGED MORE THAN ONE
OFFENSE. CAN THE COURT GRANT THE MOTION
ON THE GROUND OF LACK OF JURISDICTION?
> In the past, the answer would have been no since the SC ruled in several cases then that the motion to quash on
the ground of lack of jurisdiction over the person of the accused must be based only
on this ground. If other grounds are included, there is waiver, and the accused is deemed to have
submitted himself to the jurisdiction of the court.
> The new rule, based on the decisions of the SC on Section 20 of Rule 14 of the 1997 Rules of Civil Procedure,
the inclusion of other grounds aside from lack of jurisdiction over the person of the
defendant in a motion to dismiss shall not be considered as a voluntary appearance.
WHAT IS THE EFFECT OF AN INFORMATION THAT WAS
SIGNED BY AN UNAUTHORIZED PERSON?
> A valid information must be signed by a competent officer, which, among other requisites, confers jurisdiction
over the person of the accused and the subject matter of the accusation
> Thus, an infirmity in the information such as the lack of authority of the officer signing it cannot be cured by
silence, acquiescence, express consent, or even amendment.
It is an invalid information and cannot be the basis of criminal proceedings.
> A motion to quash would prosper
WHAT HAPPENS IF THE DEFENDANT ENTERS HIS
PLEA BEFORE FILING A MOTION TO QUASH?
> By entering his plea before filing the motion to quash, the defendant waives the formal objectives to
the complaint or information
> But if the ground for the motion is any of the following below, there is no waiver. The following
grounds may be raised at any stage of the proceeding:
1. Failure to charge an offense
2. Lack of jurisdiction over the offense
3. Extinction of criminal liability
4. Double jeopardy
> Note: if it is a formal objection, it is deemed waived upon plea
