Institution of Criminal and Civil Actions
Institution of Criminal and Civil Actions
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 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, 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. (1a)
(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. (cir. 57-97)
GENERAL RULE:
- The institution or filing of the criminal action includes the institution therein of the civil action for recovery of civil liability arising from the offense charged.
EXCEPTIONS:
Where institution of criminal liability does not include civil liability the offended party WAIVES the civil action; he RESERVES his right to institute the civil action separately; or he INSTITUTES THE CIVIL ACTION PRIOR TO THE CRIMINAL ACTION.
The employer may not be held civilly liable for quasi-delict in the criminal action as ruled in Maniago v. Court of Appeals since quasi-delict is not deemed instituted with the criminal. If at all, the only civil liability of the employer in the criminal action would be his subsidiary liability under the Revised Penal Code.
WHEN RESERVATION SHALL BE MADE:
a. Before the prosecution starts to present its evidence; and
b. Under circumstances affording the offended party a reasonable opportunity to make such reservation.
INSTANCES WHERE NO RESERVATION SHALL BE ALLOWED
1. Criminal action for violation of BP 22 – unless a separate civil action has been filed before the institution of the criminal action, no such civil action can be instituted after the criminal action has been filed as the same has been included therein.
2. A claim arising from an offense that is cognizable by the Sandiganbayan – a civil action filed prior to the criminal action has to be transferred to the subsequently filed criminal action for joint hearing (Sec. 4 of PD 1606 as amended by RA 8249)
3. Tax cases (Sec. 7, par. b, no.1, RA 9282)
When the reservation of the right to institute the separate civil actions shall be made: before the prosecution starts to present its evidence and under circumstances affording the offended party a reasonable opportunity to make such a reservation.
The rule requiring reservation to file a separate civil action does not apply to civil actions which can be filed and prosecuted independently of the criminal action, namely, those provided in Arts. 32, 33, 34, and 2176 of the Civil Code.
Although the criminal and civil actions may be joined in the criminal case, they are distinct from each other. The plaintiffs in the two actions are different.
THUS: even if the accused started serving his sentence within the 15-day period from the promulgation of the judgment of conviction by the lower court, thereby making the judgment against him final, the complainant may, within the 15-day reglementary period, still ask that the civil liability be fixed by the court if the judgment does not adjudicate any civil liability, as the judgment regarding civil liability has not become final and the court still has jurisdiction to adjudge the civil liability.
NOTE: Only civil liability arising from crime charged (cause of action arising from delict) as a felony is deemed instituted. Civil liability arising from other sources of obligations (law, quasi-contract and quasi-delict) are no longer deemed instituted like those under Article 32, 33, 34 and 2176 of the Civil Code which can be prosecuted even without reservation.
RULES ON FILING FEES
GENERAL RULE:
- No filing fees are required for amounts of actual damages.
EXCEPTION: Criminal action for violation of BP 22 which is deemed to include the corresponding civil action. The offended party shall, upon the filing of the criminal and civil actions, pay in full the filing fees based on the face value of the check as the actual damages.
Purpose of Exception: to prevent the offended party from using the prosecutor’s office and the court as vehicles for recovery of the face value of the check, without paying the corresponding filing fees therefor.
With respect to damages other than actual, if these damages are specified in the complaint or information, the corresponding filing fees should be paid, otherwise, the trial court will not acquire jurisdiction over such other damages.
Where moral, exemplary, and other damages are not specified in the complaint or information, the grant and amount thereof are left to the sound discretion of the trial court, the corresponding filing fees need not be paid and shall simply constitute a first lien on the judgment.
NOTE: Counterclaims, cross-claims, third-party complaints are no longer allowed in a criminal proceeding. Any claim which could have been the subject thereof may be litigated in a separate civil action.
In an appeal of a criminal case, the appellate court may impose additional damages or increase or decrease the amounts of damages upon the accused-appellant.
HOWEVER, additional penalties cannot be imposed upon a co-accused who did not appeal, but modifications of the judgment beneficial to him are considered in his favor.
The offended party in a criminal case may appeal the civil aspect despite the acquittal of the accused. Where the trial court convicted the accused, but dismissed the civil action instituted therein, the offended party may appeal the dismissal to the CA.
Compromise on civil aspect: The offended party may compromise the civil aspect of a crime, provided that it must be entered before or during the litigation, and not after final judgment. A compromise on the civil aspect is valid even if it turns out to be unsatisfactory either to one or both of the parties.
IMPORTANT: Section 1, Rule 111 now expressly provides that 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 subject thereof may be litigated in a separate civil action.
REASONS:
a. the counterclaim of the accused will unnecessarily complicate and confuse the criminal proceedings;
b. the trial court should confine itself to the criminal aspect and the possible civil liability of the accused arising out of the crime.
The employer may not be held civilly liable for quasi-delict in the criminal action as ruled in Maniago v. Court of Appeals since quasi-delict is not deemed instituted with the criminal. If at all, the only civil liability of the employer in the criminal action would be his subsidiary liability under the Revised Penal Code.
WHEN RESERVATION SHALL BE MADE:
a. Before the prosecution starts to present its evidence; and
b. Under circumstances affording the offended party a reasonable opportunity to make such reservation.
INSTANCES WHERE NO RESERVATION SHALL BE ALLOWED
1. Criminal action for violation of BP 22 – unless a separate civil action has been filed before the institution of the criminal action, no such civil action can be instituted after the criminal action has been filed as the same has been included therein.
2. A claim arising from an offense that is cognizable by the Sandiganbayan – a civil action filed prior to the criminal action has to be transferred to the subsequently filed criminal action for joint hearing (Sec. 4 of PD 1606 as amended by RA 8249)
3. Tax cases (Sec. 7, par. b, no.1, RA 9282)
When the reservation of the right to institute the separate civil actions shall be made: before the prosecution starts to present its evidence and under circumstances affording the offended party a reasonable opportunity to make such a reservation.
The rule requiring reservation to file a separate civil action does not apply to civil actions which can be filed and prosecuted independently of the criminal action, namely, those provided in Arts. 32, 33, 34, and 2176 of the Civil Code.
Although the criminal and civil actions may be joined in the criminal case, they are distinct from each other. The plaintiffs in the two actions are different.
THUS: even if the accused started serving his sentence within the 15-day period from the promulgation of the judgment of conviction by the lower court, thereby making the judgment against him final, the complainant may, within the 15-day reglementary period, still ask that the civil liability be fixed by the court if the judgment does not adjudicate any civil liability, as the judgment regarding civil liability has not become final and the court still has jurisdiction to adjudge the civil liability.
NOTE: Only civil liability arising from crime charged (cause of action arising from delict) as a felony is deemed instituted. Civil liability arising from other sources of obligations (law, quasi-contract and quasi-delict) are no longer deemed instituted like those under Article 32, 33, 34 and 2176 of the Civil Code which can be prosecuted even without reservation.
RULES ON FILING FEES
GENERAL RULE:
- No filing fees are required for amounts of actual damages.
EXCEPTION: Criminal action for violation of BP 22 which is deemed to include the corresponding civil action. The offended party shall, upon the filing of the criminal and civil actions, pay in full the filing fees based on the face value of the check as the actual damages.
Purpose of Exception: to prevent the offended party from using the prosecutor’s office and the court as vehicles for recovery of the face value of the check, without paying the corresponding filing fees therefor.
With respect to damages other than actual, if these damages are specified in the complaint or information, the corresponding filing fees should be paid, otherwise, the trial court will not acquire jurisdiction over such other damages.
Where moral, exemplary, and other damages are not specified in the complaint or information, the grant and amount thereof are left to the sound discretion of the trial court, the corresponding filing fees need not be paid and shall simply constitute a first lien on the judgment.
NOTE: Counterclaims, cross-claims, third-party complaints are no longer allowed in a criminal proceeding. Any claim which could have been the subject thereof may be litigated in a separate civil action.
In an appeal of a criminal case, the appellate court may impose additional damages or increase or decrease the amounts of damages upon the accused-appellant.
HOWEVER, additional penalties cannot be imposed upon a co-accused who did not appeal, but modifications of the judgment beneficial to him are considered in his favor.
The offended party in a criminal case may appeal the civil aspect despite the acquittal of the accused. Where the trial court convicted the accused, but dismissed the civil action instituted therein, the offended party may appeal the dismissal to the CA.
Compromise on civil aspect: The offended party may compromise the civil aspect of a crime, provided that it must be entered before or during the litigation, and not after final judgment. A compromise on the civil aspect is valid even if it turns out to be unsatisfactory either to one or both of the parties.
IMPORTANT: Section 1, Rule 111 now expressly provides that 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 subject thereof may be litigated in a separate civil action.
REASONS:
a. the counterclaim of the accused will unnecessarily complicate and confuse the criminal proceedings;
b. the trial court should confine itself to the criminal aspect and the possible civil liability of the accused arising out of the crime.
Bar Exam Question (2001)
Actions; BP22; Civil Action deemed included (2001)
Saturnino filed a criminal action against Alex for the latter’s bouncing check. On the date of the hearing after the arraignment, Saturnino manifested to the court that he is reserving his right to file a separate civil action. The court allowed Saturnino to file a civil action separately and proceeded to hear the criminal case. Alex filed a motion for reconsideration contending that the civil action is deemed included in the criminal case. The court reconsidered its order and ruled that Saturnino could not file a separate action. Is the court’s order granting the motion for reconsideration correct? Why?
Suggested Answer:
Yes, the court’s order granting the motion for reconsideration is correct. The Rules provide that the criminal action for violation of B.P. Blg. 22 shall be deemed to include the corresponding civil action, and that no reservation to file such civil action separately shall be allowed. [Sec. 1(b), Rule 111, Revised Rules of Criminal Procedure]
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