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2.2. Prosecution of Civil Action - Coggle Diagram
2.2. Prosecution of Civil Action
Rule on implied institution of civil action with criminal action
General Rule:
When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense shall be deemed instituted
Exceptions:
Unless the offended party:
a. Waives the civil action
b. Reserves the right to institute it separately
c. Institutes the civil action prior to the criminal action
Extinction of Penal Action
does not extinguish Civil Liability
General Rule:
The extinction of the penal action does not carry with it the extinction of the civil liability in the following cases:
a. When the acquittal is based on reasonable doubt because only preponderance of evidence is required for civil cases
b. The court declares that the liability of the accused is only civil
c. The civil liability of the accused does not arise from or is not based upon the crime of which the accused is acquitted
Exception: Not Guilty
The civil action based on a delict may be extingusihed if it is found that:
a. The act or omission from which the civil liability may arise did not exist; or
b. The accused did not commit the acts imputed to him
BP 22
Acquittal in BP 22 is not a bar for estafa
An acquittal in a BP 22 case has no effect in the estafa case
Reason
The causes of action for BP 22 and estafa are separate, distinct, and independent from each other
Therefore, both cases can be decided on without violating the prohibition on double jeopardy
(as long as there is no double recovery)
Automatic inclusion of civil action in BP 22 is not a bar for institution of civil action in estafa
The automatic inclusion of civil action in a BP 22 case does not bar the institution of civil action in an estafa case
Reasons
a. They are not inconsistent remedies
b. The offenses are distinct
c. Nothing in the rules prohibt it
d. No law vesting the court trying the BP 22 case exclusive jurisdiction over the civil action
Alternative Award
Sentence should not be alternative
There is nothing in the law that permits courts to impose sentences in the alternative.
While a judge has the discretion of imposing one or another penalty, he cannot impose both in the alternative.
He must fix positively and with certainty the particular penalty.
Remedy of Private Offended Party on civil aspect of a criminal case
Reservation of right to institute separate civil action
The reservation of the right to institute the civil action shall be made before the prosecution starts presenting its evidence.
Reservation must be made under circumstances affording the offended party a reasonable opportunity to make such reservation.
Damages in case of Death
Civil indemnity
ex delicto
In a crime where a person dies, the accused is ordered to pay the victim a sum of money as restitution.
In addition to the penalty of imprisonment
Moral Damages
The amount of moral damages can be adjusted as long as it does not exceed the award of civil indemnity
Exemplary Damages
Being corrective in nature, exemplary damages can be awarded due to:
a. Presence of an aggravating circumstance
b. Where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender
Death during pendency of case
If the accused dies during the pendency of the case, he is relieved of all personal and pecuniary penalties attended to the crime.
Reason
His death occured before the final judgment
Actual or Compensatory Damages
Documentary Proof Necessary
Documentary proof is needed to support the indemnity for loss of earning capacity.
Proof Required
Claims for damages requires only preponderance of evidence.
Testimonial evidence may be admitted as proof.
Reason
Claims for damages are part of the civil aspect.
When Entitled
To be entitled to actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty.
It must be premised upon competent proof and on the best evidence obtainable to the injured party.
Temperate Damages in lieu of Actual Damages
Actual Damages not proved
Temperate Damages may be awarded in lieu of actual damages if the actual damages cannot be proven with a reasonable degree of certainty.
Several Accused with varying Participation
Apportionment of civil liabilites among the accused
The entire amount of the civil liabilities should be apportioned among all those who cooperated in the commission of the crime.
Apportionment should be according to the degrees of their liability, respective responsibilites, and actual participation.
Subsidiary Liability of employers
Employers are subsidiarily liable for the crimes of their employees.
Proof Required
Before the employer's subsidiary liability is enforced, the following must be established by evidence:
a. They are indeed the employers of the convicted employees
b. They are engaged in some kind of industry
c. The crime was committed by the employees in the discharge of their duties
d. The execution against the employees has not been satisfied due to insolvency
Determination in same criminal action
The determination of these conditions may be done in the same criminal action in which the employee's criminal and civil liability has been pronounced.
When civil action may proceed independently
Sec. 3, Rule 111
General Rule:
An independent civil action may be brought by the offended party in the following cases:
a. Public officers violating the Bill of Rights
b. Defamation, Fraud, and Physical Injuries
c. Police refuses or fails to render aid or protection
d. Quasi-delict
Not deemed instituted with criminal action
The independent civil action in those cases is not deemed instituted with the criminal action.
It may be filed separately by the offended party without reservation.
Criminal action does not suspend prosecution of civil action
The commencement of the criminal action does not suspend the prosecution of the independent civil action.
Accused barred from filing counter-claim in criminal case
The accused is barrred from filing a counter-claim, cross-claim or third-party complaint in the criminal case.
Counter-claim must be in separate civil action
The accused must file his counter-claim in a separate civil action which shall proceed independently of the criminal action.
This can be done even while the civil action of the offended party is litigated in the criminal action.
Accused can file a civil action for quasi-delict
The accused can file a civil action for quasi-delict for the same act or omission he is accused of in the criminal case.
Rationale
The accused is prohibited from setting up any counter-claim in the civil aspect that is deemed instituted in the criminal case.
The accused, who is presumed innocent, has a right to invoke Art. 2177 in the same way the offended party can avail of this remedy which is independent of the civil action.
Otherwise, it would deny him of due process, access to the courts, and equal protection.
Distinction between civil action
ex delicto
and an independent civil action
General Rule:
A single act or omission that causes damage to an offended party may give rise to two separate liabilities on the part of the offender.
Because they are distinct, the offended party may pursue them simultaneously or cumulatively.
Civil action
ex delicto
General Rule:
This is impliedly instituted with the criminal offense.
If instituted prior or subsequent to criminal action
If it is instituted prior to or subsequent to the filing of the criminal action, its proceedings are suspended until the final outcome of the case.
When Extinguished
It is extinguished when the court declares that the act or omission from which civil liability may arise did not exist.
Independent civil action
General Rule:
It may be based on an obligation not arising from act or omission complained of as the felony
(Art. 31, Civil Code)
Separate from criminal action
It is separate from the criminal action and may be pursued independently.
When separate civil action is suspended
Effect of Death of the Accused on Civil Action
General Rule:
The death of the accused pending appeal of his conviction extinguishes the criminal liability and the civil liability based thereon.
Reason
The criminal action is extinguished because there is no longer a defendant to stand as the accused.
The civil action is extinguished because it is based on the criminal action.
Exception: Not based on Delict
The claim for civil liability may survive if its predicated on a source of obligation other than a delict.
a. Law
b. Contracts
c. Quasi-contracts
d. Quasi-delict
Where the civil liability survives
Where the civil liability survives, an action for recovery for it may be pursued only by way of filing a separate civil action and subject to Sec. 1, Rule 111
Enforceable against executor/administrator or estate
This separate civil action may be enforced either against the executor/administrator or the estate of the accused.
Statute of Limitations on Civil Liability interrupted during pendency
The Statute of Limitations on the civil liability is deemed interrupted during the pendency of the criminal case.
Rationale
To avoid any apprehension on a possible privation of right by prescription.
Prejudicial Question
A prejudicial question is one based on a fact distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused.
Requisites
For it to suspend the criminal action, the following requisites must be established:
a. The civil case involves facts directly related to those upon which the criminal prosecution is based
b. The resolution of the issues raised in the civil case would necessarily determine the guilt or innocence of the accused
c. Jurisdiction to try said question must be lodged in another tribunal
Rationale
To avoid 2 conflicting decisions
Civil and Criminal
Prejudicial question involves a civil and a criminal case.
Not an administrative and civil case.
Hence, a prejudicial question does not necessitate the suspension of administrative proceedings in PRC
Intra-corporate dispute as a prejudicial question
The resolution of issues in an intra-corporate dispute may sometimes determine the guilt or innocence in criminal case against the accused.
PD 902-A does not preclude simultaneous filing