RULE 111 - PROSECUTION OF CIVIL ACTION

Section 1. Institution of criminal and civil actions. – (a)

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
the offended party waives the civil action, reserves the right
to institute it separately or institutes the civil action prior to
the criminal action.
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.
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.
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 separate civil action.
(b) The criminal action for violation of Batas Pambansa Blg.
22 shall be deemed to include the 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.

Where the civil action has been filed separately and trial
thereof has not yet commenced, it may be consolidated with
the criminal action upon application with the court trying the
latter 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.
Sec. 2. When separate civil action is suspended. – After the
criminal action has been commenced, the separate 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 latter shall be suspended in
whatever state it may be found before judgment on the
merits. The suspension shall last until final judgment is
rendered in the criminal action. Nevertheless, before
judgment on the merits rendered in the civil action, the same
may, upon motion of the offended party, be consolidated
with the criminal action in the court trying the criminal
action. In case of consolidation, the evidence already
adduced in the civil action shall be deemed automatically
reproduced in the criminal action without prejudice to the
right of the prosecution to cross-examine the witness
presented by the offended party in the criminal case and of
the parties to present additional evidence. The consolidated
criminal and civil actions shall be tried and decided jointly.
During the pendency of the criminal action, the running
period of prescription of the civil action which cannot be
instituted separately or whose proceeding has been
suspended shall be tolled.
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 may arise did not
exist.
We have learned in our criminal law that a person who is
criminally liable could also be civilly liable.
This is true in especially in cases where there are private
offended parties, now in those cases, when a criminal case is
filed under section 1, the civil action is also deemed filed.
What is deemed filed is the civil action arising from the crime
committed.
You remember in your civil law that civil obligations may arise
from:

1. Law
2. Contracts
3. Quasi contracts
4. Delicts
5. Quasi – delicts
Actually there are only two sources: law and contracts, because
quasi contracts, delicts and quasi delicts are laws. So,
technically there are only two sources. But the law treated
them as separate sources, then, we should also treat them as
separate sources.
So what we are talking here are those civil liabilities deemed
filed out of the crime committed.
Unless the offended party has
1. waived his right to collect civil liability; or
2. has filed a civil action ahead of the criminal action; or
3. has filed a manifestation in court to reserve his right
to file a separate civil action.
So if the offended party is silent as to the civil action, it is
deemed filed together with the criminal action unless the
above mentioned has been done.
According to the Supreme Court, unless the civil action is
waived, reserved or instituted prior to the criminal action,
there are two cases or actions involved in a criminal case the
first is the criminal action wherein the parties are the people of
the Philippines and the accused; because in a criminal case the
offended party is reduce to a mere witness; the second case is
the civil action arising from delicts or crime. The private
complainant there is the plaintiff and the accused is the
defendant. There is a sort of merger.
Q: why is it that rules of court have these provisions? That the
civil case is deemed filed together with the criminal case?
A: in order to avoid multiplicity of suits.
The filing of a civil action is allowed as I have said earlier;
there are remedies that the rules provide that sometimes it
could be impractical.
Look at, if you file a separate civil action necessarily you have
to hire a private lawyer, the prosecutor cannot appear in civil
cases separately filed by the private complainant.
Another, when the civil action is filed ahead, once the criminal
action is filed, the civil action is suspended to wait that the
proceedings of the criminal action is terminated.
Whereas, when you consolidate the two cases, the fiscal can be
your lawyer and you can save expenses for cost of suits, you

can contribute to the decongestion of the court‘s docket and

lastly, you can speed up your civil action.
But you are not precluded from hiring a private prosecutor if
you do not trust the public prosecutor.
But there are cases that you cannot file a reservation as regards
to its civil liability;
1. one of which is violation of BP 22.
There is no reservation allowed and no separate civil action
can be filed.
2. Cases committed by public officers in relation to their
public duties.
Q: when can reservations are made?
A: the reservation can be made before the prosecution started
presenting its evidence.
Take note of this.
Q: how will you reserve the filing of a separate civil action?
A: you just have to tell the court or inform the court
It is called manifestation.
Q: is it necessary to be in writing?
A: no need, it can be done through oral
Q: when?
A: before the prosecution starts to present its evidence
Q: is it legal?
A: yes but it is impractical
Q: why is it impractical?
A: because you need to hire a lawyer
And once you filed a separate civil action the private lawyer
cannot anymore intervene in the criminal action, because the
purpose of hiring a private lawyer is to enforce the civil
liability and there is no more civil liability at steak in the
criminal action.
Now, however, another exception in criminal case involving or
related to

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.
The civil liability is not deemed filed and no reservation is
required.
Article 32. Any public officer or employee, or any private individual,
who directly or indirectly obstructs, defeats, violates or in any
manner impedes or impairs any of the following rights and liberties of
another person shall be liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical
publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of
law;
(7) The right to a just compensation when private property is taken
for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects
against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for
purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the
Government for redress of grievances;
(14) The right to be a free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to
have a speedy and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance of witness in his
behalf;
(17) Freedom from being compelled to be a witness against one's self,
or from being forced to confess guilt, or from being induced by a
promise of immunity or reward to make such confession, except when
the person confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment,
unless the same is imposed or inflicted in accordance with a statute
which has not been judicially declared unconstitutional; and
(19) Freedom of access to the courts. In any of the cases referred to in
this article, whether or not the defendant's act or omission
constitutes a criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action for damages,
and for other relief. Such civil action shall proceed independently of
any criminal prosecution (if the latter be instituted), and may be
proved by a preponderance of evidence. The indemnity shall include
moral damages. Exemplary damages may also be adjudicated. The

responsibility herein set forth is not demandable from a judge unless

his act or omission constitutes a violation of the Penal Code or other
penal statute.
Article 33. In cases of defamation, fraud, and physical injuries a civil
action for damages, entirely separate and distinct from the criminal
action, may be brought by the injured party. Such civil action shall
proceed independently of the criminal prosecution, and shall require
only a preponderance of evidence.
Article 34. When a member of a city or municipal police force refuses
or fails to render aid or protection to any person in case of danger to
life or property, such peace officer shall be primarily liable for
damages, and the city or municipality shall be subsidiarily
responsible therefor. The civil action herein recognized shall be
independent of any criminal proceedings, and a preponderance of
evidence shall suffice to support such action.
Article 2176. Whoever by act or omission causes damage to another,
there being fault or negligence, is obliged to pay for the damage done.
Such fault or negligence, if there is no pre-existing contractual
relation between the parties, is called a quasi-delict and is governed
by the provisions of this Chapter. (1902a)
Q: is there a need, considering that civil action is deemed filed,
should the prosecution is required to file a docket fee? As what
we have learned in our civil procedure that payment of docket
fee is jurisdictional.
Is it required? This is also one of the reasons that filing of a
separate civil action is impractical. Because when you file a
separate civil action, you will be required to pay docket fees.
A: 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, the filing
fees thereof shall constitute the first lien on the judgment to be
awarded to the offended party.
Q: where the amount is specified? How much will the docket
fees?
A: where the amount to be claimed is specified then the
corresponding docket fees must be paid.
Except as otherwise provided in these rules, no filing fees shall
be required for actual damages; but there is an exception even
if the parties seeks to enforce actual damages; in cases of
1. BP 22
2. ESTAFA
Section 1.Institution of criminal and civil actions. — (a)
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

the offended party waives the civil action, reserves the right
to institute it separately or institutes the civil action prior to
the criminal action.
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.

Considering that the civil Action is deemed filed, can

the accused raise a counterclaim, cross-claim or a
third party complaint?
- No. But he can file, if there is such a cause of action, a
separate civil action.
- So, the criminal action for violation of B.P. 22 shall be
deemed to include the corresponding civil action. No
reservation to file such civil action, to file separately, shall
be allowed.
What the rules are talking about is the reservation
(meaning the criminal action is filed ahead of the civil
action).
Suppose the civil action is filed ahead of the
criminal action. The Rules are silent if it will
be waived. But in Small Claims, if you file a
small claims case for violation of B.P. 22, you
cannot anymore file a Criminal Action for
violation of B.P. 22. In other words, the
criminal action is deemed waived. Deemed
waived.
And that would also be the rule if the
amount is big. Remember that small claims
cases are only up to 200,000 pesos. I think
that would be the rule that the Criminal
Action would be deemed waived. But there
is no jurisprudence on the matter.
Now, upon the filing of the Criminal and Civil actions
for violation of B.P. 22, 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.
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 complaint or information alleges
liquidated, moral, nominal, temperate…
What are temperate damages?

In actual damages, there must be proof

(example: receipts).
But if you cannot find any receipts, you will
be granted temperate damages.
It will be fixed by the court, in its discretion.
The court will make a finding that you were
made to spend.
For example: Homicide. You are made to spend for the burial
of the victim. Now, if you buy bread or coffee from your
neighbor, no receipt is issued by your neighbor. Have you
heard of your neighbor giving you a receipt? Still, you‘re made
to spend. Since you have no receipts, and you claim that you
spent, more or less, 35,000 pesos for bread and coffee, you will
be asked for receipts. Here, the court will grant you temperate
damages. You will not be granted 35,000 pesos as actual
damages since you are required to present proof; but you will
be granted, say 15,000 pesos. You will get that amount even
though you‘re unable to present receipts.
Go back to violation of B.P. 22 example, aside from actual
damages, meaning aside from the amount appearing in the
check, you also stated or alleged moral, exemplary, then you
will be pay the additional filing fees. If not alleged, private
complainant will not be required to pay docket fees; but if
these damages are granted, it shall constitute as a lien on the
judgment.

Where the civil action has been filed separately and trial
thereof has not yet commenced, it may be consolidated with
the criminal action upon application with the court trying the
latter 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.
Between Civil and Criminal cases, the Criminal case
will be given priority. The civil action will be
suspended, if filed ahead. If not yet filed, the same
shall be filed after the termination of the criminal
action. That‘s the trick. If you do not want the Civil
Action to be suspended, you file a motion for
Consolidation.
The difference is the same here. You want
the Civil case to be separated but it will still
be tried together with the Criminal Action.
So there will be joint trial.

Section 2.When separate civil action is suspended. — After the

criminal action has been commenced, the separate civil
action arising therefrom cannot be instituted until final
judgment has been entered in the criminal action.
Remember:
If the Criminal Action is filed ahead and there was a
reservation of the filing of the Civil Action, the Civil

Action cannot be filed until the termination of the

Criminal Action.
If the Civil Action is filed ahead of the Criminal
Action, the proceedings shall be suspended. The
remedy, so that the proceedings will not be
suspended, you ask for Consolidation.
When there is Consolidation, there should
also be joint trial and joint decision.What if
the Criminal Action is dismissed? Does it
necessarily follow that the Civil Action shall
also be dismissed? No.
―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 may arise did not exist.‖
(Last paragraph, Section 2)
There are 3 instances where the exctinciton of the
penal action or the dismissal does not carry with it the
dismissal of the civil action.
1. Where acquittal is based on reasonable
doubt. (Mere preponderance of
evidence is required in the civil action.)
2. Where the court declares that the
liability of the accused is only civil in
nature. (Go back to B.P. 22 example.
What is required in B.P. 22 to hold the
drawer liable? There must be a notice of
dishonor. If no Notice of Dishonor, will
it totally absolve the liability of the
drawer? No. His liability will only be
Civil in Nature.)
3. When the Civil Liability of the accused
does not arise from or is not based on
the crime of which the accused was
acquitted. (The source of the civil
liability of the accused comes from
another source/sources.)
In what instance/inistances that the dismissal of the
criminal action would also cause the dismissal or
exctinction of the civil action? There are two
instances.
1. If there is a finding on the final
judgment in the criminal action that the
act or omission from which the civil
liability may arise did not exist;
2. Where the accused did not commit the
act or omission imputed to him.
Case: Hun Hyung Park vs. Eung Won choi

Section 3.When civil action may proceeded independently. —

In the cases provided for 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.
What is this Article 32 about? This is about violation
of Civil rights.
Example: Kidnapping. It violates civil
liberty. The civil action will proceed
independently. (It will not be suspended.)
What about Article 33? This is about Civil Liability
arising from fraud, defamation and physical injuries.
Example: Estafa. The civil action will proceed independently.
What about Article 34? This is Civil Liability arising from
failure of the Police to render help.
What about Article 2176? This is Torts. Negligence.
Remember Article 365 of the Revised Penal Code?
The offended party sustains damage due to the
negligence or imprudence of another person. He can
possibly file a criminal case under the Revised Penal
Code and a Civil Action. If he files a Civil Action, the
same will proceed independently.
Note: There are two sources of the accused
liability under this provision. First, the crime
or delict; second, the quasi-delict.
Now according to the Supreme Court, the
civil liability arising from the crime is
deemed instituted with the criminal case.
While the civil liability which arises out of
the quasi-delict is not deemed instituted, and
the offended party can file a separate civil
action even if there is no reservation.
Example: A bus hit someone. The
offended party can file a criminal
case for reckless imprudence
resulting in serious physical
injuries. Civil liability is deemed
filed with the criminal case. He can
also file a separate and independent
civil action based on quasi-delict.
This will proceed independently
and there is no need for a
reservation. There are two civil
cases. But, Section 3 does not allow
recovery twice for the same act or
omission. So, if he is awarded in
one case, he can no longer claim in
the other case.

What do you mean by ―it shall proceed

independently‖? It means it shall not be suspended
since it is independent.
What if the criminal action will be
dismissed? The civil action will proceed
independently and requires only
preponderance of evidence. Since it is
separate and independent, it will not be
affected by whatever the result of the
criminal action.
Shortly, we mentioned that if there is an independent
civil action filed, the private prosecutor can no longer
intervene in the criminal case because there is no
more civil liability to be enforced. What about in cases
wherein independent civil action is allowed?
Particularly involving Articles 32, 33, 34 and 2176?
Can the private prosecutor intervene or participate in
the criminal action? Yes.
Why? The civil action arising from the
criminal case is deemed filed there. (The law
is confusing, right?)
Look: As long as Articles 32, 33, 34, and 2176 are involved, the
sources or bases of the accused‘ criminal liability are two. One
from the crime and the other from these Articles of the Civil
Code. So, when you file the civil action based on these Articles,
then it is separate and independent from the crime. Still, the
offended party cannot claim from both. The courts in this case
will have to coordinate with each other if the offended party
has already been awarded as to the civil aspect. What‘s
important is that you cannot recover twice.
If the Civil action for damages filed separately from the criminal
action is based on an independent civil action based on Articles 32,
33, 34 and 2176 of the Civil Code, then the right to intervene is not
lost because the subject of the suit does not arise from the crime. The
civil action to recover civil liability arising from the offense charged is
not the one separately filed. Although based on the same act or
omission, the law based on the liability of each case is different.
Only the civil liability arising from the offense charged is deemed
instituted with the criminal case, unless the same is waived, reserved
or filed ahead. This does not include recovery of civil liability under
Articles 32, 33, 34 and 2176 of the Civil Code arising from the act or
omission which will be prosecuted separately without reservation.
(BMPI Employees Credit Cooperative, Inc. vs. Velez, November 29,
2001)

the latter know that there is a separate civil action. The court
should such fact in order that it will not awarded twice the
private offended party
Section 4. Effect of death on civil actions. — The death of the
accused after arraignment and during the pendency of the
criminal action shall extinguish the civil liability arising
from the delict. However, the independent civil action
instituted under section 3 of this Rule 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. 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.
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.
The effect on the Civil liability of the accused when he died
while the case is pending.
When he (accused) died before arraignment, his civil liability
survives and the same shall be enforced against the estate
whether the civil liability of the accused arises out of the crime
or not.
After arraignment, where the accused died his liability arising
from the crime or delict is extinguish but as regards his civil
liability which arises out of other sources, out of sources other
than the delict the same survives but it can be enforced only by
filing separate civil action.
The death of the accused after arraignment and during the
pendency of the criminal action shall extinguish the civil
liability arising from the delict. However, the independent civil
action instituted 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.
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.

People vs. Bayotas -it is about the civil liability of the accused
while the case is pending during appeal. The accused died
before judgment.
The civil liability of the accused will depend on when he died
during the proceedings.
 When he (accused) died after the decision
become final and executory. It will not affect his
civil liability anymore.
 When he died while the case is pending, for
example, the case is under appeal? As regards
with the criminal liability, there is no more
question. The only question here is only his
(accused) civil liability. According to SC, as
regards his civil liability which arises out of the
crime, the same is likewise dismiss.
 But what about the civil liability of the accused
likewise arises from other sources of obligation?
According to the SC in that case of People vs.
Bayotas, the same can be enforced but a separate
civil action has to be filed against the estate.
People vs Datu, December 12, 2010
There is a case which involves a violation of BP 22. We have
learned that the civil action arising from violation of BP 22 is
deemed filed. The accused was convicted, while the case
pending appeal, the accused died. What will happen now to
the case?
-According to the SC, as a rule, civil liability of the
accused that survives his death should be pursued in a
separate civil action and be enforced against the estate. In other
words, there has to be a separate civil action and which may be
enforced against the estate of the accused.
Q: But, what about in the case of violation of BP 22 wherein
filing of separate civil action is not allowed? What will
happen?
-According to the SC, in violation of BP 22 cases the
civil liabilities arising from the issuance of the worthless check
are deemed instituted in a case of violation of BP 22, filing of
separate civil action is not allowed. Accordingly, the death of
the accused does not automatically extinguish the action. The
independent civil liability based on contract which was
deemed instituted in the criminal action in violation for BP 22
may still be enforced against her estate in the same case. So,
there is no need to file separate civil action unlike in other
cases wherein the civil liability of the accused survives. The
case shall continue but only as regards the civil liability of the
accused. There is no more criminal case because the criminal
case is extinguish upon the death of the accused. What is
continued the action
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.
- So it will not affect the criminal action especially in cases
wherein independent civil action is permitted. So,
regardless of the outcome of the criminal case or
regardless of the outcome of the civil case.

Section 6. Suspension by reason of 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 the office of the prosecutor or 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.
ILLUSTRATION:
Here is a parcel of land, the actual possessor is Mr. X and he
obtained ownership over this parcel of land through sale, he
bought it from Mr. S (seller, deceased father of Y). Later,
somebody appeared and likewise claimed ownership over the
same parcel of land, Mr. Y. Mr. Y claimed to be the true owner
of this parcel of land arguing that that he inherited it from his
father (Mr. S) and that the sale between S and X is fictitious. So
there is now conflicting claims of ownership over this parcel of
land. Now, considering that Mr. Y in order to assert his
ownership over this parcel of land, Mr. Y filed a case against
Mr. X; he filed a case of recovery of ownership and possession
and declaration of nullity of sale. Thinking that he is the
owner, Mr. Y gets hold of the produce of the plants within
such parcel of land; he gathered coconuts. Mr. X, assuming
that he is the real owner, he filed a criminal case against Mr. Y,
he file a case for qualified theft against Mr.Y
FIRST CASE: Civil case for recovery of ownership
and possession and declaration of nullity of sale filed by Mr. Y
against Mr. X.
SECOND CASE: Criminal case for Qualified theft
filed by Mr. X against Mr. Y
- You notice that the guilt or innocence of Mr. Y depends on
the outcome of his case. If Mr. Y wins the case in civil case,
accordingly, he is acquitted in the criminal case filed
against him. If Mr. Y loses in the civil case, he will be
convicted in the criminal case. In other words, the
outcome of the criminal case depends on the question/
issue of ownership in the civil case. The issue of
ownership in the civil case, that‘s what we call prejudicial
question or prejudicial issue. It is a question that will
affect to the guilt or innocence of the accused in the
criminal case.

TAKE NOTE:
Gen. Rule: If there are two cases filed (civil case and criminal
case), the criminal case shall be given priority/preference, the
proceedings in the civil action will be suspended.
Exception: If there is a prejudicial question
 If there is a prejudicial question, the proceedings
that would be suspended would be that of
criminal case and to wait until the civil case is
terminated. Reason: Because there is an issue in
the civil case that will affect the outcome of the
criminal case

Section 7. Elements of prejudicial question. — The elements

of a prejudicial question 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.
The elements of Prejudicial Question are the following:
(1) The previously instituted civil action involves an
issue similar or intimately related to the issue raised in
the subsequent criminal action, and
Take Note: the Civil Action is filed ahead of the criminal
case.
 If what filed ahead is administrative case or
another criminal case, there is no prejudicial
question.
 If what is filed is civil case and the same is not
filed ahead but afterwards, there is no prejudicial
question.
(2) The resolution of such issue determines whether or
not the criminal action may proceed.
 Stated otherwise, there is an issue in the civil case
that would determine the guilt or innocence of
the accused.
Q: Suppose there is an issue in the civil case but it will not
affect the guilt or innocence of the accused in the criminal case?
Is there a prejudicial question?
A: NO! There is no Prejudicial Question, even if that issue in
the civil case is related to the issue/s in the criminal case; if
that will not affect the guilt or innocence of the accused, there
is no prejudicial question.
Q: So what will happen if there is a prejudicial question?
Which case shall be suspended?
A: The criminal case.
Q: At what stage of the proceedings that the action may be
suspended?
A: Take Note of Section 6, Rule 111, the suspension of the
criminal action could happen even during preliminary
investigation at the prosecutor‘s office. So it could be during
preliminary investigation, or it could be when the case is
already filed in court.
Q: Can the court motu proprio suspend the criminal action?

A: NO! There has to be a motion, there has to be a petition.

TAKE NOTE: There could be no prejudicial question in cases
wherein independent civil actions could be filed.
CASE: The buyer bought subdivision lot from the subdivision
owner/subdivision developer. Even after the buyer already
done paying, the developer did not give the buyer the title. The
buyer sent demand but it was remained unheeded. What is the
remedy? Supposed to be civil action, specific performance; but
there was an administrative remedy (take note, if there is
administrative remedy, it must be resorted to first). The
administrative remedy is to file administrative complaint with
the HLURB, and that office can compel, if it finds meritorious,
the developer to deliver the title. So the buyer files
administrative case with the HULRB to compel the developer
to deliver to him the title. After that, considering that the act of
developer constitutes also a criminal offense under PD 957, he
also filed a criminal case/complaint against the developer in
prosecutor‘s office. Now, the developer filed a motion the
proceedings on the ground of prejudicial question. The
question now is: Is there a prejudicial question? See the case
SAN MIGUEL PROPERTIES INC. VS. PEREZ, 705 SCRA 38