Rule 111

Ecumenical Prayer

Almighty God, we stand in Your holy presence as our Supreme Judge. We humbly beseech You to bless and inspire us so that what we think say, and do will be in accordance with Your will. Enlighten our minds, strengthen our spirit, and fill our hearts with fraternal love, wisdom and understanding, so that we can be effective channels of truth, justice, and peace. In our proceedings today, guide us in the path of righteousness for the fulfillment of Your greater glory. Amen.

​PROSECUTION OF CIVIL ACTIONS

​RULE 111, RULES OF COURT

Presented By:
​Adajar, Ariane
Ogoy, Sheilou Marie

Poll

Is everyone ready?

• Yes

• No

​Section 1. Institution of criminal and civil actions

​General Rule:
Criminal Action + Civil Action = deemed instituted


*those which arise from the criminal action

Exception:
1.Waives the Civil Action
2. Reserves the right to insitute a SEPARATE CIVIL ACTION
3. Institutes a Civil Action prior to the Criminal Action

​Section 1. Paragraph 2

Reservation when is it proper?

*the offended party is given the OPTION to file a SEPARATE CIVIL ACTION to recover civil liability ex delicto

1. Before the prosecution starts presenting its evidence

2. Under circumstances affording the offended party a reasonable opportunity to make such reservation

​Section 1. Paragraph 2

How is it made?

Orally /Writing

1. Filing of "A reservation to File Separate Civil Action" in a criminal case

2. Oral manifestations through counsel, of reservation DULY reflected in the court records

3. Deemed reserved when when offended part files a separate civil action BEFORE filing the criminal action

​Section 1. Paragraph 2

EFFECTS OF RESERVATION

Once the offended party has reserved hi right to institute a separate civil action  to recover indemnity, he thereby losses his standing in the criminal case, that is, his right to intervene in the prosecution of the criminal case, including the right to move for the reconsideration or appeal of the criminal case insofar as civil liability is concerned"

​Section 1. Paragraph 2

TACTAQUIN VS PALILEO

The practical reason for requiring the reservation of the right to bring a separate civil action separately "is to avoid the filing of more than one action for the same act or omission against the same party".

​Section 1. Paragraph 2

NO RESERVATION IN BP 22 CASES

Especially provided for in Section 1 Rule 111 and adopted in Circular no. 57-97 which was intended discourage the separate filing of the civil action and help declog court dockets which are filled with BP 22 cases as the creditors use the courts as collectors.

​Section 1. Paragraph 2

NO RESERVATION IN BP 22 CASES

EXCEPTION:

1. When civil action is filed separately and trial thereof has not yet commenced (it may be consolidated with the criminal action upon application with the court)

2. When the check is issued on behalf of a Corporation .

*The court held that the BP 22 case would determine whether or not the signatory had signed the check with knowledge of the insufficiency of funds , while the civil case against the corporation would ascertain WON the obligation itself is valid and demandable. The litigation of of both questions could procedd idependently and simultaneously without being conclusive on one or the other.

​Section 1. Paragraph 2

WAIVER

The civil aspect of a criminal case may be subject of a waiver. Where there is an effective waiver.

 

Waiver MUST be entered into BEFORE or DURING litigation, never after final judgment.

Examples: "Sinumpaang Salaysay"

​Section 1. Paragraph 2

CONSOLIDATION

A procedural device granted to the court as an aid in deciding how cases in its docket are to be tried so that the business of the court may be dispatched EXPEDITIOUSLY and with economy while providing justice to the parties.

​Section 1. Paragraph 3

When Offended party

The offended party seeks to enforce civil liability against accused BY way of
1. moral,
2. nominal ,
3. temperate,
4. exemplary-----> without specifying the amount------> the filing fees therefore shall constitute the first lien on the judgment awarding such damage

​Section 2. When separate civil action is suspended

This rules provides of the primacy of the criminal actions over civil actions arising from delicts. Once a criminal action has been commenced, the civil action arising therefrom cannot be instituted.

-a separate civil action , if reserved-----> cannot be filed until after final judgment has been rendered in a criminal action.

-if there is a previously instituted Civil action arising from the crime ---->it will be suspended

*the suspended civil action MAY BE consolidated  upon motion of the offended party.

*evidence adduced in the civil action os deemed automatically reproduced in the consolidated action WITHOUT PREJUDICE to the right to cross-examine and to present additional evidence.

*during such suspension the running of the prescriptive period is TOLLED.

​Section 3. When civil action may proceeded independently

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.

Exceptions to the GR of primacy of criminal actions

-they are separate and distinct from the liabilities arising from the crime

-does not operate as a PREJUDICIAL QUESTION that will justify the suspension of the criminal case.

Consequences of the separate, distinct and dependent nature of an independent civil action:

1.  The right to bring the foregoing actions based on the Civil Code, need not be reserved in the criminal prosecution since they are not deemed included therein

 

2. the institution of a waiver of the right to file a separate civil action arising from the crime charged does not extinguish the right to bring such action

3. The only limitation is that the offended party CANNOT recover more than once for the same act or omission.

 

 

​Section 4. Effect of death on civil actions

EFFECT OF THE DEATH OF ACCUSED OR CONVICT ON CIVIL ACTION

If the accused died:

1. After arraignment and during the pendency of the criminal action
GR: The civil liability of the accused based on the crime is extinguished.

Exception:
a. Independent civil action based on Arts. 32 33, 34 and 2176 of the Civil Code; and
b. Civil liability predicated on other sources of obligations, i.e. law, contract, and quasi-contract, which is subsequently instituted;

EFFECT OF THE DEATH OF ACCUSED OR CONVICT ON CIVIL ACTION

If the accused died:

2. Before arraignment – The offended party may file the civil action against the estate of the deceased (Sec. 4).

EFFECT OF THE DEATH OF ACCUSED OR CONVICT ON CIVIL ACTION

If the accused died:

3. Pending appeal:
a. Civil liability arising from the crime is extinguished
b. Civil liability predicated from another source survives i.e. civil liability arising from law, contracts, quasi-contract and quasi-delict.


4. After Final Judgment :
The action is enforced as a money claim against the estate

​Section 5. Judgment in civil actions 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. (4a)

​Section 6. Suspension by reason of prejudicial question.

​Section 7. Elements of prejudicial question

Prejudicial Question

Prejudicial question 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 (Omictin v. CA, G.R. No.148004, January 22, 2007)

Requirement of Previous Civil Action and Subsequent Criminal Action

​General Rule: The civil action must be previously instituted vis-à-vis a criminal action for the doctrine of prejudicial question to apply (Rule 111, Sec. 6).

Exception: The Supreme Court has relaxed this rule in terms of the scope of application, extending it to a previously instituted administrative case and a subsequent civil case (Quiambao v. Osorio, G.R. No. L-48157, 1998) and also a previously instituted administrative case and a subsequent criminal case (San Miguel Properties, Inc. vs. Sec. Hernando Perez, G.R. No. 166836, 2013).

Where should the petition for suspension by reason of prejudicial question be filed?

​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. Even during preliminary investigation, a petition for suspension based on prejudicial question can be filed before the investigating officer.

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).

Elements of Prejudicial Question based on the Rules of Court

1. The previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action.

2. The resolution of such issue determines whether or not the criminal action may proceed (Rule 111, Sec. 7)

Elements of Prejudicial Question based on Jurisprudence

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. (People v. Arambulo, G.R. No. 186597, 2015)

Prejudicial Question vs No Prejudicial Question

​A question of ownership in a pending civil case is a prejudicial question justifying the suspension of the criminal case for violation of the Anti-Squatting Law (Apa v. Fernandez, G.R. No. 112318, Mar. 20, 1995).

An action for declaration of nullity of a second marriage is not a prejudicial question to the criminal prosecution of bigamy (Beltran v. People, G.R. No. 137567, June 26, 2000).

BP 22

Criminal Information

ESTAFA

Criminal Information

ESTAFA

Criminal Information

Multiple Choice

Is civil action deemed instituted upon filing of BP 22?

• True

• False

Fill in the Blanks

What is the REASON why the rules explicitly does not allow RESERVATION of a Separate Civil Action in the institution of a CRIMINAL ACTION for cases involving Violation of BP 22?