Rule 111 Prosecution of Civil Action Section 1. Institution of Criminal and Civil Actions
Rule 111 Prosecution of Civil Action Section 1. Institution of Criminal and Civil Actions
Rule 111 Prosecution of Civil Action Section 1. Institution of Criminal and Civil Actions
the CIVIL ACTION for the recovery of civil liability arising from the offense
charged shall be DEEMED INSTITUTED WITH THE CRIMINAL ACTION
The RESERVATION of the right to institute separately the civil action shall be made
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 thereof 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,
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
SEPERATE civil action. (1a)
(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to
INCLUDE the corresponding civil action.
Upon filing of the aforesaid joint criminal and civil actions, the offended party shall
Where the complaint or information also seeks to recover liquidated, moral, nominal,
temperate or exemplary damages, the offended party shall
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 SEPERATELY and trial thereof has not yet
commenced,
the trial of both actions shall proceed in accordance with section 2 of this Rule
governing consolidation of the civil and criminal actions. (cir. 57-97)
Section 2. When separate civil action is suspended.
the SEPERATE 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 suspension shall last until final judgment is rendered in the criminal action.
Nevertheless, BEFORE judgment on the merits is RENDERED in the civil action, the same
may,
In case of CONSOLIDATION, the evidence already adduced in the civil action shall be
The consolidated criminal and civil actions shall be tried and decided jointly.
During the PENDENCY of the criminal action, the running of the period of prescription of the
CIVIL action
The extinction of the penal action does NOT carry with it extinction of the civil action.
32,
33,
34 and
2176 of the Civil Code of the Philippines,
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
OMMISSION charged in the criminal action. (3a)
The DEATH of the ACCUSED AFTER ARRAIGNMENT and DURING THE PENDENCY of the
CRIMINAL action shall EXTINGUISH the CIVIL liability arising from the delict.
The court shall forthwith order said legal representative or representatives to appear and be
substituted within a period of thirty (30) days from notice.
A final judgment entered IN FAVOR OF THE OFFENDED PARTY shall be enforced in the
manner especially provided in these rules for prosecuting claims against the estate of the
deceased.
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. (n)
Section 5. Judgment in civil action 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)
A petition for SUSPENSION of the CRIMINAL action based upon the pendency of a prejudicial
question in a civil action may be filed in
When the criminal action has been filed in court FOR TRIAL, the petition to suspend shall be
(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.
(5a)