On
When Separate Civil Action Is Suspended 

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.

If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage 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 is 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 witnesses 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 of the period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled. (n)

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. (2a)

Section 2.

Primacy of Criminal Action over Civil Action After the filing of the criminal action, the civil action which has been reserved cannot be instituted until final judgment has been rendered in the criminal action.

If the civil action is instituted before the criminal action and the criminal action is subsequently commenced, the pending civil action shall be suspended until final judgment of the criminal action has
been rendered.

EXCEPTIONS:
1. In cases of independent civil actions based upon Article 32, 33, 34 and 2176 of the Civil Code;
2. In cases where the civil action presents a prejudicial question; and
3. Where the civil action is not one intended to enforce the civil liability arising from the offense.

CONSOLIDATION OF CRIMINAL AND CIVIL CASES
- Before judgment on the merit is 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. This is a modification on the rule on primacy of criminal action.

The consolidation must be effected in the criminal court, irrespective of the nature of the offense, the amount of the civil claim or the rank of the court trying the civil case.

In cases where consolidation is given due course, the evidence presented and admitted in the civil case shall be deemed automatically reproduced in the criminal action.

The consolidated criminal and civil cases shall be tried and decided jointly.

NOTE: Article 29 of the Civil Code merely emphasizes that a civil action for damages is not precluded by the acquittal of an accused for the same criminal act or omission. It does not state that the remedy can be availed of only in a separate civil action.

ACQUITTAL IN A CRIMINAL CASE DOES NOT BAR THE FILING OFTHE CIVIL  CASE  WHERE:
1. The acquittal is based on reasonable doubt, if the civil case has been reserved.
2. The decision contains a declaration that the liability is not criminal but only civil in nature.
3. The civil liability is not derived from or based on the criminal act of which the accused is acquitted. (Sapiera v. Court of Appeals, 314 SCRA 370)

Bar Exam Question (2002)

Acquittal; Effect (2002)

Delia sued Victor for personal injuries which she allegedly sustained when she was struck by a car driven by Victor. May the court receive in evidence, over proper and timely objection by Delia, a certified true copy of a judgment of acquittal in a criminal prosecution charging Victor with hit-and-run driving in connection with Delia’s injuries? Why?

Suggested Answer:

If the judgment of acquittal in the criminal case finds that the act or omission from which the civil liability may arise does not exist, the court may receive it in evidence over the objection by Delia. [Rule 111, sec. 2, last paragraph].

Alternative Answer:

If the judgment of acquittal is based on reasonable doubt, the court may receive it in evidence because in such case, the civil action for damages which may be instituted requires only a preponderance of the evidence. (Art. 29, Civil Code).

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