Rule 111: Prosecution of Civil Action with Criminal Action

Under the Rules of Court, Rule 111 governs the implied institution of the civil action with the criminal action. It provides that when a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged is also deemed instituted unless explicitly waived, reserved, or the law provides otherwise. Below is a comprehensive discussion of this rule:

1. Implied Institution of Civil Action

When a criminal action is filed, the civil action for the recovery of civil liability arising from the criminal offense is generally impliedly instituted with it. This principle ensures efficiency in litigation, as the criminal and civil liabilities are adjudicated in one proceeding.

Legal Basis

Rule 111, Section 1(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."

2. Exceptions to Implied Institution

The civil action is not impliedly instituted with the criminal action in the following cases:

a. Waiver

The offended party may expressly waive their right to recover civil liability.

b. Reservation to File Separately

The offended party may reserve the right to file a separate civil action.
Reservation must be made before the prosecution presents its evidence and under circumstances specified by law.
Rule 111, Section 1(a): Reservation should be made in the criminal case or prior to the institution of the criminal action.

c. Prior Institution of a Civil Action

If the civil action has already been filed prior to the criminal case, the civil action is not deemed instituted.

d. Independent Civil Actions

Civil actions based on Articles 32, 33, 34, and 2176 of the Civil Code are not deemed instituted.
These are separate and independent civil actions for damages, which may proceed independently of the criminal action.

3. Civil Liability Arising from Crime

The civil liability that is impliedly instituted with the criminal action pertains to the restitution, reparation of damage caused, and indemnification for consequential damages as provided under the Civil Code (Article 104 of the Revised Penal Code).

4. Effect of Death of the Accused

If the accused dies:

Before arraignment: The criminal case is dismissed, and civil liability cannot be pursued.
After arraignment but before final judgment:
- Criminal liability is extinguished.
- Civil liability based on the criminal offense is also extinguished unless there is a separate source of obligation, such as contracts, quasi-contracts, or quasi-delicts.
Independent civil actions (based on Articles 32, 33, 34, and 2176) remain unaffected by the death of the accused.

5. Effects of Judgment in the Criminal Action

Acquittal:
- If the accused is acquitted based on the finding that the crime was not committed, no civil liability can arise.
- If acquitted on grounds other than non-commission of the offense (e.g., reasonable doubt), civil liability may still be pursued.
Conviction:
- Civil liability is deemed proven and enforceable along with the criminal penalty.

6. Reservation to File a Separate Civil Action

A reservation to file a civil action must comply with the following:

Time of Reservation:
- Before the prosecution presents evidence in the criminal case.
Where Made:
- It must be explicitly stated in the criminal proceedings or manifested in writing.

7. Institution of Independent Civil Actions

Independent civil actions may be instituted separately and are governed by the following rules:

a. Civil Code Articles 32, 33, 34, and 2176:

Article 32: Violations of constitutional rights.
Article 33: Defamation, fraud, physical injuries.
Article 34: Refusal or failure of a police officer to protect the victim.
Article 2176: Quasi-delicts.

b. No Waiver or Reservation Required:

These actions can be filed even without reservation in the criminal case.

c. Preponderance of Evidence:

Independent civil actions are resolved using the standard of preponderance of evidence, not proof beyond reasonable doubt.

8. Suspension of the Civil Action

Under Section 2 of Rule 111, the civil action arising from the offense is suspended if:

There is a pending criminal case; and
The civil action arises from the same act or omission.

Exceptions to Suspension:

Independent civil actions under Articles 32, 33, 34, and 2176.
Civil actions against the insurer in cases of liability insurance contracts.

9. Judgment in Civil Action

If a civil action is decided first:

The criminal case is not barred, but the civil award may be set aside if inconsistent with the criminal judgment.
Civil liability adjudicated in the criminal case is conclusive unless reserved or waived.

10. Civil Liability of Acquitted Accused

If the accused is acquitted in the criminal case:

Civil liability may still be pursued if acquittal was due to reasonable doubt or if the acquittal did not rule out the fact of damage or injury.

11. Special Cases

Crimes without Civil Liability:
- For example, violations of special laws where no private offended party exists, no civil liability is deemed instituted.
Multiple Offended Parties:
- The civil action impliedly instituted includes claims of all victims unless they waive, reserve, or file prior actions.

This framework ensures the harmonization of civil and criminal justice while protecting the rights of both the accused and the offended party.