Independent Civil Action vs Separate Civil Action

7/27/2019 Independent Civil Action vs Separate Civil Action

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INDEPENDENT CIVIL ACTIONS

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.

WHAT ARE THE INDEPENDENT CIVIL ACTIONS?

> The independent civil actions are those provided in Articles 32, 33, 34 and 2176 of the

Civil Code

> They may proceed independently of the criminal action and shall require only a

preponderance of evidence

> This is the principle of independent civil actionsit can proceed independently

from the criminal action. Nonetheless, the offended party may not have double

recovery. The offended party only gets the bigger award.

Independent Civil Action

I. Independent Civil Action

Art. 31. When the civil action is based on an obligation not arising from the act or

omission complained of as a felony, such civil action may proceed independently of the

criminal proceedings and regardless of the result of the latter.

Art. 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:

In any of the cases referred to in this article, whether or not the defendants 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 beinstituted), and mat 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.


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Art. 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.

Art. 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.

Art 2176. Whoever by any act or omission causes damage or injury to another, there

being fault or negligence, is obliged to pay for the damage done. Such fault or

negligence, if there is no prexisting contractual relation between the parties shall beknown as Quasi Delict and shall be governed by the provisions of this chapter.

Rule 111 Rules of Court

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.

SUSPENSION OF CIVIL ACTION

Details

Category: Criminal Procedure

SUSPENSION OF CIVIL ACTION

Sec. 2. When separate civil action is suspended. After the criminal action hasbeen 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
http://www.batasnatin.com/law-library/remedial-law/criminal-procedure/486-suspension-of-civil-action.htmlhttp://www.batasnatin.com/law-library/remedial-law/criminal-procedure.htmlhttp://www.batasnatin.com/law-library/remedial-law/criminal-procedure.htmlhttp://www.batasnatin.com/law-library/remedial-law/criminal-procedure/486-suspension-of-civil-action.html


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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.

WHEN IS THE SEPARATE CIVIL ACTION 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.

> Nonetheless, the civil action may be consolidate with the criminal action at any time

before judgment on the merits upon motion of the offended party with the court trying

the criminal action

> The evidence presented at the civil action shall be deemed reproduced in the

criminal action without prejudice to the right of the prosecution to cross-examine the


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witness presented by the offended party in the criminal case and of the parties to

present additional evidence. The consolidated criminal actions shall be tried and

decided jointly

> ONLY EXCEPTION: a prejudicial question arising in a previously filed civil

action should be resolved first

ARE THE INDEPENDENT CIVIL ACTIONS ALSO DEEMED SUSPENDED WITH THE

FILING OF THE CRIMINAL ACTION?

> No, only the civil action arising from the crime under Article 100 of the RPC is

suspended

> The independent civil actions are not suspended and may continue even if the

criminal action has been instituted

> However, the offended party may not recover twice from the same act> He should only get the bigger award

Defi nition of a Prejudicial Question A prejudicial question is one which must be

decided fi rst before a criminal action may be instituted or may proceed be- cause adecision therein is vital to the judgment in the criminal case. In the case of People v.

Adelo Aragon (L-5930, Feb. 17, 1954), the Supreme Court defi ned it as one which

arises in a case, the resolution of which question is a logical antecedent of the issues

involved in said case and the cognizance of which pertains to another tribunal. The

prejudicial question must

Art. 36

CIVIL CODE OF THE PHILIPPINES

226

be determinative of the case before the Court; this is the fi rst element. Jurisdiction to try

said question must be lodged in another tribunal; this is the second element. (See

Carlos v. CA, 79 SCAD 582 [1997]). Indeed, for a civil case to be considered prejudicial

to a criminal action as to cause the suspension of the latter pend- ing the fi nal

determination of the former, it must appear not only that the civil case involves the same


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facts upon which the criminal prosecution would be based, but also that in the resolution

of the issues raised in said civil action, the guilt or innocence of the accused would

necessarily be determined. (Mendiola, et al. v. Macadaeg, et al., L-16874, Feb. 27,

1961). In an action for bigamy, for example, if the accused claims that the fi rst marriage

is null and void, and the right to decide such validity is vested in another tribunal, the

civil action for nullity must fi rst be decided before the action for bigamy can proceed;

hence, the validity of the fi rst marriage is a prejudicial question. (People v. Adelo

Aragon, L-5930, Feb. 17, 1954).

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Independent Civil Action vs Separate Civil Action