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PROSECUTION OF CIVIL ACTION
(RULE 111) - Coggle Diagram
- PROSECUTION OF CIVIL ACTION
(RULE 111)
GR: 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.
DEATH
EFFECT OF DEATH OF ACCUSED
- Criminal liability -- totally extinguished
- Personal and pecuniary liability -- extinguished ONLY WHEN the death of the offender occurs BEFORE FINAL JUDGMENT
EFFECT OF DEATH OF ACCUSED ON CIVIL ACTIONS AGAINST HIM
- Before arraignment --criminal case is dismissed without prejudice to any civil action the offended party may file against the estate of the deceased
- After arraignment while the case is pending -- criminal liability AND civil liability arising from the same is extinguished
RULES ON EFFECT OF DEATH BEFORE FINAL JUDGMENT
- Death of the accused pending appeal of his conviction -- extinguishes BOTH criminal and civil liability
- The claim for liability survives notwithstanding the death if the claim is based on a source of obligation other than delict (law, contract, quasi-contracts, quasi-delicts)
- If the civil liability survives, an action for recovery may be pursued by filing a separate civil action against either the executor/administrator or the estate of the accused
SUBSTITUTION In case of death of the accused, there may be substitution in cases of ICAs or those arising from other sources of obligation
ACQUITTAL
GR: Extinction of the criminal action does not necessarily carry with it the extinction of the civil action arising therefrom.
XPN: If there is a finding that the act or omission from which the civil liability may arise does not exist --> civil action will be extinguished
3 instances where an acquittal does not extinguish civil liability arising from the crime
- Where the acquittal is based on reasonable doubt
- Where the court expressly declares that the liability of the accused is not criminal but only civil in nature
- Where the civil liability is not derived from or based on the criminal act of which the accused is acquitted
Remedy if the acquittal is based on reasonable doubt
To institute a civil action for damages under Art. 29 of the NCC.
"An acquittal based on reasonable doubt"
- Declared by the court as based on reasonable doubt
- Basis of reasonable doubt may be inferred from the text of the decision
Remedy if the acquittal is based on reasonable doubt AND the court renders judgment on the civil aspect
The offended party or the accused may appeal the civil aspect of the case.
- Courts may rule on the civil aspect of the case without need for a separate civil action.
Effect of acquittal on ICAs
An acquittal in the criminal action does not affect the ICA as it has a different basis of liability (other sources of obligation aside from delict)
No double jeopardy when acquittal is void
An acquittal rendered in GADALEJ does not really acquit. Thus, it does not terminate the case as there can be no double jeopardy based on a void indictment.
REMEDY
Petition for Certiorari
FILING FEES
GR: No filing fees are charged for actual damages in criminal cases (not included in computation)
XPN #1: If other items of damages (moral, nominal, temperate or exemplary) are alleged in the complaint or information
XPN #2: BP 22 cases Filing fees are based on the amount of the check (considered as actual damages) required to be paid in full
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