Criminal Procedure by: Baltazar, RC
COLEGIO DE SAN LORENZO
College of Criminology
CRIMINAL
PROCEDURE
(Modular Approach)
Prepared by:
Renjomar C Baltazar, JD
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Criminal Procedure by: Baltazar, RC
Course Code : CLJ 206
Description : Criminal Procedure
Module 3/Lesson 3
RULE 111
PROSECUTION OF CIVIL ACTION
Introduction
In the earlier lesson we learned the procedure in the institution of a criminal action. In this
lesson we will discuss the rules governing the institution of a civil action including the exceptions
to the rules.
Learning Objectives:
At the end of this, lesson learners are expected to:
1. Know the rules on the prosecution of a civil action;
2. Discuss the exception to the general rule on institution of civil action; and
3. Appreciate the effect of a pre-judicial question in the prosecution of criminal offense.
Learning Content:
I. WHAT IS THE GENERAL RULE WHEN A CRIMINAL ACTION IS FILED? - 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: (exceptions)
1. The offended party waives the civil action, or
2. He reserves the right to institute it separately, or
3. He institutes the civil action prior to the criminal action.
(Acronym: WRP)
WHEN TO MAKE RESERVATION? - 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
(Rule 111 Sec.1).
II. RULE ON PAYMENT OF FILING FEES - 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. No filing fees shall be
required for actual damages.
RULE IN PROSECUTION OF CRIMINAL AND CIVIL ACTIONS IN BP 22 CASES - The
criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to include the
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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.
III. PROHIBITED PLEADINGS IN CRIMINAL CASES - 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.
IV. RULE ON CONSOLIDATION, DEFINED - The rule on consolidation states that when the
civil action has been filed separately by the victim, but its trial has not yet commenced, then it
may be consolidated with the criminal action with the court trying the criminal 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 (Rule 111 Sec.1).
WHAT IS THE PURPOSE OF CONSOLIDATION OF CRIMINAL AND CIVIL ACTIONS - To
avoid multiplicity of suits. Note: Only the civil liability of the accused arising from the offense
charged is deemed impliedly instituted in a criminal action.
V. DOCTRINE OF PRIMACY OF CRIMINAL ACTION - It states that where both criminal and
civil actions arising from the same facts are filed in different courts, the following rules shall be
observed:
1. It states after the filing of the criminal action, the civil action which has been reserved
cannot be instituted until final judgment has 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 until final
judgment in the criminal action has been rendered.
EXCEPTIONS TO THE DOCTRINE OF PRIMACY OF CRIMINAL ACTION:
1. In cases of independent civil actions;
2. In cases where the civil action presents a prejudicial question;
3. In cases where the civil action is consolidated with the criminal action
4. Where the civil action is one not intended to enforce the civil liability arising from the offense
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VI. WHEN CIVIL ACTION MAY PROCEED INDEPENDENTLY – In the cases provided in
Articles 321, 332, 343 and 21764 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.
VII. RULE AGAINST DOUBLE RECOVERY - In no case, however, may the offended party
recover damages twice for the same act or omission charged in the criminal action (Rule 111
Sec.3).
VIII. EFFECT OF DEATH OF ACCUSED ON CIVIL ACTIONS:
1. IF BEFORE ARRAIGNMENT - 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 (Rule 111 Sec.4).
2. IF AFTER ARRAIGNMENT - The death of the accused after arraignment and during the
pendency of the criminal action shall extinguish the civil liability arising from the delict.
EFFECT OF DEATH OF ACCUSED ON INDEPENDENT CIVIL ACTIONS - The independent
civil action instituted under section 3 of Rule 111 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.
RULES ON SUBSTITUTION OF HEIRS - 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.
EFFECT OF DEATH OF THE OFFENDED PARTY IN THE CRIMINAL ACTION - Criminal
liability of the accused is not extinguished because the offense is against the state.
EFFECT OF THE ACQUITTAL OF THE ACCUSED ON HIS CIVIL LIABILITY – A final
judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a
1
Violation of certain rights and liberties of a person committed by a public officer or employee or a private individual such as freedom
of religion, speech press, arbitrary detention, deprivation of property without due process, just compensation, privacy of
communication, peaceable assembly, excessive bail etc.
2
Defamation, fraud and physical injury cases.
3
Member of police forces who fails or refuses to render aid or protection to any person in case of danger to life or property
4
Act or omission causing damage to another there being fault or negligence and there is no pre existing contractual relation between
the parties. ( This is known as: Quasi Delict)
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criminal action against the defendant for the same act or omission subject of the civil action
(Rule 111.Sec. 5).
IX. RULE ON EXTINCTION OF PENAL AND CIVIL ACTIONS - 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 might arise did not exist (Rule 111 Sec.2).
REASON FOR THE RULE THAT CIVIL ACTION IS NOT A BAR TO A CRIMINAL ACTION,
VICE-VERSA - Because two actions are separate and distinct. One requires a mere
preponderance of evidence as a quantum of evidence, while the other is a proof beyond
reasonable doubt of guilt
EXCEPTION TO THE GENERAL RULE THAT CIVIL ACTION MAY PROSPER DESPITE
ACQUITTAL OF THE ACCUSED IN CRIMINAL CASE:
1. If the acquittal is based on the ground that he was not the author of the crime or that he did
not commit the crime charged;
2. If there is a declaration in the decision of acquittal that no negligence can be attributed to the
accused; OR
3. The fact from which the civil action might arise did not exist.
X. PREJUDICIAL QUESTION, DEFINED - It is one which arises in a case, the resolution of
which is a logical antecedent of the issue involved therein and the cognizance of which pertains
to another tribunal.5
ELEMENTS OF PREJUDICIAL QUESTION – The elements of prejudicial questions 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
(Rule 110.Sec.7).
WHERE TO FILE PETITION IN CASE THERE IS 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:
1. The office of the prosecutor; OR
5
For prejudicial question to apply there must be two cases, one criminal and one civil case must be involved. Example, the civil case
for the ownership of a piece of land is a prejudicial question in a criminal prosecution for squatting on the same piece of land (Note:
Squatting has been decriminalized now)
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2. 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 (Rule 111 Sec.6).
REASON FOR THE RULE ON PREJUDICIAL QUESTIONS - To avoid conflicting decisions of
different courts.
Assignment Sheet No. 3
Activity # 1
Type your answer on a short bond paper size, using Arial with font size
12, 1.5 spacing and align text using justified format. To be submitted in our google classroom or
my messenger or gmail or facebook group.
The following rubrics will be the basis in scoring your essay answer with 5 points percentage:
WRITING ACTIVITY/ESSAY
CATEGORY 4-5 3 2 0-1
Information Information Information Information
clearly relates clearly relates to clearly has little or
Quality of to the main the main topic. It relates to the nothing to
Information topic. It provides 1-2 main topic. do with the
includes supporting No details main topic.
several details and/or and/or
supporting examples. examples are
details and/or given.
examples.
No Almost no A few Many
grammatical, grammatical, grammatical grammatica
Mechanics spelling or spelling or spelling, or l, spelling,
punctuation punctuation punctuation or
errors. errors errors. punctuation
errors.
All paragraphs Most Paragraphs Paragraphi
include paragraphs included ng structure
Paragraph introductory include related was not
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Criminal Procedure by: Baltazar, RC
sentence, introductory information clear and
Construction explanations sentence, but were sentences
or details, and explanations or typically not were not
concluding details, and constructed typically
sentence. concluding well. related
sentence. within the
paragraphs.
Information is Information is Information is The
very organized with organized, information
Organization organized with well-constructed but appears to
well- paragraphs. paragraphs be
constructed are not well- disorganize
paragraphs constructed. d. 8)
and
subheadings.
1. TRUE OR FALSE. When a civil action is instituted, the criminal action for the recovery
of civil liability arising from the offense charged shall be deemed instituted. (5pts)
2. X is accused. During trial, the judge died. What will happen to the pending criminal case
and civil case? What if it is X who died? (5 pts each)
3. H and W are husband and wife, respectively. They got married in catholic church. H
contracted a second marriage with X. When W discovered the second marriage, W filed Bigamy
against H and X. After a week, H filed annulment case againt W. Is there a prejudicial question?
(5pts)
Activity # 2
Multiple Choices: Circle the letter of your chosen answer. This should be
accomplished in 20 minutes.
1. Civil action arising from the offense is deemed instituted with the criminal action unless:
a. offended party waives the civil actions
b. reserves the right to instituted it separately
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c. institutes the civil action prior to the criminal action.
d. All of these
2. A petition for suspension of criminal action upon the pendency of a prejudicial question in a
civil action may be filed:
a. before the prosecution rests c. before preliminary investigation
b. before arraignment d. before plea
3. Is that which in a case the resolution of which is a logical antecedent of the issue involved
therein, and the cognizance of which pertains to another tribunal.
a. Prejudicial question
b. inquest proceeding
c. preliminary investigation
d. custodial investigation
4. The following, except one, are the elements of prejudicial question.
a. There is previously instituted civil action
b. There is subsequent criminal action filed
c. It involves similar or intimately related issue
d. The resolution of such issue determines whether or not the criminal action may proceed
e. There is previously instituted criminal action
5. It states that where both criminal and civil actions arising from the same facts are filed in
different courts, the civil case is suspended in whatever stage it may be found.
a. Doctrine of the fruit of the poisonous tree
b. Doctrine of Exhaustion of Administrative Remedy
c. Miranda Doctrine
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d. Doctrine of Primacy of Criminal Action
References and Suggested Readings
The Revised Rules On Criminal Procedure By: Dean Willard B. Riano
Obligations and Contracts By: Dean Ernesto L. Pineda
The Revised Rules On Criminal Procedure By: Manuel R. Pamaran
Revised Rules On Criminal Procedure
Supreme Court Reports Annotated: Central Bookstore
Criminal Procedure Annotated By: Oscar B. Bernardino
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