NOTES ONCRIMINAL PROCEDUREInstitution of criminal action and civil action (RULE 111)(a) Where a criminal action is instituted, the civil action for 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 instituted 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 therefor shall constitute a first lien in the judgment awarding such damages.Section 1. Institution of criminal action and civil actionWhere the amount of damages other than actual, is specified in the complaint or information, the corresponding fling fees shall be paid by the offended party upon 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 a cause of action which could have been the subject thereof may be litigated in a separate civil action.Section 1. Institution of criminal action and 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 in 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.Section 1. Institution of criminal action and civil action - COMMENTSection 16 of Rule 110 authorizes the offended party to intervene in the criminal action to recover the civil damages arising from the offense charged. The civil action for this purpose is deemed instituted in the criminal case.Rule 111 provides the procedure on how the recovery of the civil liability of the offender may be prosecuted in the criminal action, without the necessity of filing a separate civil action. But the civil liability of the accused is deemed separate, distinct and independent of his criminal liability. Thus, the offender is not relieved from his civil liability resulting from his illegal act or omission, regardless of whether or not he has been convicted or acquitted and has served his sentence consisting of deprivation of liberty or other rights.[1] But the offended party cannot recover twice for the same act or omission.[2][1] Art. 113, Revised Penal Code[2] Art. 2177, Civil CodeOutline of Sections 1 and 2 of Rule 111:1. General rule. - Where a criminal action is instituted, the civil action for recovery of the civil damages arising from the offense charged is deemed instituted with the criminal action. N.B.; The civil liability must arise from the acts or omissions constituting the offense charged.2. Exceptions:2.1. Where the offended party waives, expressly or impliedly, the civil action;2.2. Where he reserves the right to institute it separately;2.2.1. The reservation should be made before the prosecution starts presenting its evidence.2.2.2. In every case the offended party should be given reasonable opportunity to make such reservation.2.3. Where the offended party instituted the civil action prior to the criminal action.2.3.1. Where the trial of the civil action has not started, it may be consolidated with the criminal action, upon application with the court trying the criminal action. 2.3.2. Where the trial of the civil action filed prior to the filing of the criminal action has started, the proceedings in the civil action should be suspended at whatever stage it may be found.

2.3.2.1. However, if before judgment, the offended party moves for its consolidation with the criminal action, the court trying the criminal action may consolidate the two cases and decide them jointly.

2.3.2.2. Suppose consolidation is ordered, how would such consolidation affect the consolidated cases. (a). The evidence already adduced in the civil action shall be automatically reproduced in the criminal case without prejudice to the right of the prosecution to cross examine the witnesses presented by the offended party in the criminal case and of the said partys right to present additional evidence.

(b). The consolidated criminal and civil actions shall be treated and decided jointly.2.3.2.3. Suppose the civil action is suspended what effect will such suspension have on the right of the offended party to recover the civil liability of the accused. (a) During the pendency of the criminal action, the running of the period of prescription on the civil action, which cannot be instituted separately or whose proceeding has been suspended, shall be tolled.(b) The extinction of the penal action does not carry with it the extinction of the civil action, except where the accused dies after his arraignment and during the pendency of the criminal action.(c) If the civil action is based on delict, it shall be deemed extinguished where there is a finding in the final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist.3. After the criminal action has been commenced, no separate civil action arising from the offense charged can be instituted until final judgment has been entered in the in the criminal action.What filing fees may be collected from the offended party seeking to recover civil damages arising from the offense charged?(1) For actual damages, no filing fees may be collected from the offended party.(2) For moral, nominal, temperate or exemplary damages the filing fees are assessed on the bases of the amounts alleged in the information.(3) If no amount is alleged but the offended party seeks or recovers such damages, the filing fees shall constitute a first lien on the amount awarded, computed in accordance with the schedule prescribed by the Supreme Curt.(4) Counter-claims or cross-claims, third-party complaint, etc. are not allowed to the accused, but he may file a separate civil action to recover the same.Only civil damages arising from the offense charged are deemed instituted with the criminal action.Thus, civil liabilities arising from torts under Articles 32, 33, and 34 of the Civil Code or those arising from quasi-delicts under Articles 2176 and 2177, or arising from culpa contractual are not deemed instituted with the criminal action and may proceed separately and independently of the criminal case. These civil liabilities are beyond the coverage of Rule 111.What is the rule on recovery of civil liabilities for violation of Batas Pambansa Blg. 22?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. N.B.: Payment of filing fees in violation of Batas Pambansa Blg. 22 are computed based on the value of the check. This rule was laid down to prevent the practice of creditors of using the threat of a criminal prosecution to collect their credit free of charge.[1] N.B.; What Section 1(b) of the Rules prohibits is the reservation to file the corresponding civil action in BP Blg. 22 cases. But the Rule does not intend to deprive the private complainant of his right to protect his interest in criminal actions for estafa. The Supreme Court did not intend to leave the offended parties in estafa cases without any remedy to protect their interest.[2]N.B.; Where the civil action is deemed instituted with the criminal action, the civil liability is not extinguished by the acquittal of the accused.[3][1] Rodriguez v. Ponferrada, 465 SCRA 338[2] Ibid.[3] Tupaz IV v. Court of Appeals, 475 SCRA 398 Is the employer of the accused liable for the civil liabilities of the latter arising from the offense charged?Yes. An employer is, in substance and effect, a party in the criminal action against his employee. The employer is subsidiarily liable, as imposed on him by law, for the civil liability adjudged by the court on the employee.How may the offended party hold the employer liable for the civil liability of his employee.By proving the following:(1) The existence of employer-employee relationship;(2) That the employer is engaged in some kind of agency;That the employee is adjudged guilty of the wrongful act and found to have committed the offense in the discharge of his duties;The said employee is insolvent.Section 3. When civil action may proceed independentlyIn 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 of omission charged in the criminal action.C O M M E N T SThe acts and omissions enumerated in Articles 32, 33, 34, and 2176-2177 of the Civil Code contemplate of two types of court actions criminal action and civil action. But unlike the rules under Sections 1 and 2 of Rule 111, these two types of court actions may be instituted separately and simultaneously, and independent of one another. In the civil aspect, only a preponderance of evidence is need to sustain a judgment.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 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 deceasedThe death of the accused after his arraignment and during the pendency of the criminal action, including the pendency of his appeal, shall extinguish not only his criminal liability but also his civil liability which arose from the delict charged.The reason for the rule is, that the civil liability deemed instituted with the criminal action, or reserved to be instituted separately, or has been instituted prior to the criminal action, refers to the civil liability arising from the crime charged. But since the death of the accused after he has been arraigned and during the pendency of the criminal action, extinguishes his criminal liability, there could be no civil liability arising from the crime charged, which is no longer in existence. In other words, the death of the accused prior to final judgment terminates his criminal liability as well as the civil liability directly arising from and based solely on the offense committed.However, where the claim for civil liability is based on torts (Articles 32, 33 and 34 of the Civil Code), or on quasi-delict (Articles 2176 and 2177), or culpa contractual, the death of the accused will not extinguish the right of action of offended party, who can institute the civil claim against the estate or legal representative of the accused without the necessity of appointment of an executor or administrator. The heirs of the deceased may be substituted, and the minors represented by the court appointed guardian ad litem.If the accused dies before he has been arraigned, the cases, criminal and civil, shall be dismissed, without prejudice to any civil action which the offended party may file against the estate of the deceased, regardless of the source of the civil liability.May consolidation of civil action with the criminal action be allowed where the civil action is not to enforce a civil liability arising from the crime charged?The court may order several actions pending before it to be tried together, although the civil liability does not arise from the offense charged, where they arose from the same act, event or transaction, involve the same or similar issues, and depend largely or substantially, on the same evidence; provided, that the court has jurisdiction over the cases to be consolidated and that a joint trial will not give one party an undue advantage or prejudice the substantial rights of any of the partiesThe rule that what determined the jurisdiction in criminal cases is the prescribed penalty, regardless of the other imposable accessory or other penalties, including the civil liability arising from offense charged or predicated therein irrespective of the kind, nature, value or amount thereof, does not apply where the civil liability arose from other sources of obligation. Hence, the court must have jurisdiction over both cases

To what civil action may the rule on prescription of action apply?The rule on prescription of civil action will not apply where the civil action has been reserved or instituted separately, because the proceedings therein are suspended or cannot proceed until the termination of the criminal action. But where the civil actions can proceed separately and independently of the criminal action prescription will toll on them 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 the criminal action against the defendant for the same act or omission.C O M M E N T SN.B.; Section 5 of this Rule speaks of the same act or omission, not of the civil liability arising from the offense charged.An act or omission may be the source of different civil liability: civil liability arising from the offense charged, or civil liability arising from torts or quasi delict, or civil liability arising from culpa contractual.May the court adjudge civil liability despite the acquittal of the accused in the criminal case?Yes, in the following instances the court may adjudge civil liability despite the acquittal of the accused in the criminal case, namely:1. Where the acquittal contains a declaration that the liability of the accused is not criminal but civil only;2. Where the acquittal is based on reasonable doubt;3. Where the civil liability is not derived or based on the criminal act of which the accused is acquitted.What is the effect of a judgment of acquittal on the civil liability of the defendant?Suppose the court finds that the guilt of the accused has not been established beyond reasonable doubt and renders judgment acquitting him. May the court adjudge the civil liability of the accused in the same judgment of acquittal?In the case of Padilla v. Court of Appeals[1] and in subsequent cases, the Supreme Court held that the trial court may award civil damages in the same judgment even if the accused is acquitted. In other words, despite the acquittal of the accused, if the act of omission from which civil liability might arise in fact exists and the acquittal is merely based on the ground that the guilt of the accused has not been demonstrated beyond reasonable doubt, the trial court should award civil liability in favor of the offended party in the same criminal action.

[1] 129 SCRA 558Section 6. Suspension by reason of prejudicial questionA 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 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.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. N.B.; Under Section 2 of Rule 111, after the criminal has been commenced, the separate civil action arising from the offense charged cannot be instituted until final judgment has been entered in the criminal action, and in case a civil action has been instituted before a criminal action is filed, the prior civil action shall be suspended in whatever stage it may be found before judgment on the merits has been rendered thereon.However, where, in a previously instituted civil action, a prejudicial question is raised and pending its resolution, the proceeding in the criminal action shall be suspended until the prejudicial question shall have been resolvedWhat is your concept of a prejudicial question?A prejudicial question is understood in law as that issue raised in a previously instituted civil case, the resolution of which must precede the criminal action and which requires a decision before a final judgment can be rendered in the criminal action, and with which said question is closely connected[1] A civil question is prejudicial when it refers to a fact separate and distinct from the offense but intimately connected with it, which question determines the guilt of innocence of the accused.[2] The doctrine of prejudicial question comes into play generally in a situation where the civil and criminal actions are pending and an issue in the former must be preemptively resolved before the criminal action may proceed.[3][1] Berbari v. Concepcion, et al., 40 Phil. 837.[2] De Leon v. Mabanag, 70 Phil. 202; Mendiola, et al., v. Macadaeg, etc., et al., G.R. No. L-16874, Feb. 27, 1961 . [3] Regalado, Remedial Law Compendium, Vol. 2 2004 Ed., pp357What are the essential requisites in order that a prejudicial question may exists?1. There must be two pending cases involved one is a civil case and the other must be a criminal case[1] 2. The civil action must have been instituted previous to the criminal action;3. The civil action involves an issue similar to or intimately related with the issue raised in the subsequent criminal action;4. The resolution of such issue raised in the civil case determines whether or not the criminal action may proceed.[1] Security Bank Corporation v. Victorio, 468 SCRA 609 [2005]; Yulienco, et al., v. C.A., et al., G.R. No. 141365, Nov. 27, 2002; Land Bank, etc. v. Jacinto, 626 SCRA 315Before whom may the issue of the existence of a prejudicial question be raised?1. Before a criminal action is filed for trial, a petition for suspension of the criminal action on the ground of prejudicial question in a civil case may be filed in the office of the prosecutor conducting preliminary investigation. 2. After the criminal action has been filed in court, the petition for suspension of the criminal case on the ground of prejudicial question should be filed in the court conducting trial on the merits in the criminal action at any time before the prosecution rests. END OF RULE 111