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    Rule 111

    Uploaded by

    Mary Licel Regala
    This document outlines the rules regarding the prosecution of civil actions that are related to criminal cases. Some key points: 1. A civil action may be filed together with or separately from a criminal case, depending on the circumstances of the case. 2. If a criminal case is filed, the related civil action will usually be suspended until the resolution of the criminal case. 3. An acquittal in a criminal case does not necessarily extinguish civil liability, as the standards of proof are different. 4. Certain events like the death of the accused can affect whether civil liability continues or if the civil action can proceed independently. 5. A pending civil case that could result in conflicting decisions

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    © All Rights Reserved
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    Rule 111

    Uploaded by

    Mary Licel Regala
    185 views3 pages
    This document outlines the rules regarding the prosecution of civil actions that are related to criminal cases. Some key points: 1. A civil action may be filed together with or separately from a criminal case, depending on the circumstances of the case. 2. If a criminal case is filed, the related civil action will usually be suspended until the resolution of the criminal case. 3. An acquittal in a criminal case does not necessarily extinguish civil liability, as the standards of proof are different. 4. Certain events like the death of the accused can affect whether civil liability continues or if the civil action can proceed independently. 5. A pending civil case that could result in conflicting decisions

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    Cases to note

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    This document outlines the rules regarding the prosecution of civil actions that are related to criminal cases. Some key points: 1. A civil action may be filed together with or separately from a criminal case, depending on the circumstances of the case. 2. If a criminal case is filed, the related civil action will usually be suspended until the resolution of the criminal case. 3. An acquittal in a criminal case does not necessarily extinguish civil liability, as the standards of proof are different. 4. Certain events like the death of the accused can affect whether civil liability continues or if the civil action can proceed independently. 5. A pending civil case that could result in conflicting decisions

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    185 views3 pages

    Rule 111

    Uploaded by

    Mary Licel Regala
    This document outlines the rules regarding the prosecution of civil actions that are related to criminal cases. Some key points: 1. A civil action may be filed together with or separately from a criminal case, depending on the circumstances of the case. 2. If a criminal case is filed, the related civil action will usually be suspended until the resolution of the criminal case. 3. An acquittal in a criminal case does not necessarily extinguish civil liability, as the standards of proof are different. 4. Certain events like the death of the accused can affect whether civil liability continues or if the civil action can proceed independently. 5. A pending civil case that could result in conflicting decisions

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 3

    RULE 111- PROSECUTION OF CIVIL ACTION

    Sec. 1. Institution of criminal and civil actions.


    Basis for the institution shall be based on delict or crime.
    Unless waived, reserved, or a civil action was filed before crim action.
    Actual charges – may be charged regardless without claims
    Counterclaim – not allowed in criminal cases. It is allowed only in civil cases.
    In BP22, civil action is included.

    Cruz v. Mina, GR No. 154207, April 27, 2007


    Can the son of the accused for grave threat appear as agent of the court on behalf of the
    father? Can the priv complainant be substituted? Yes.

    Ricarze v. Court of Appeals, GR No. 160451, February 9, 2007


    ok.

    Heirs of Sarah Burgos v. Court of Appeals, GR No. 169711, February 8, 2010


    Grant of bail has nothing to do with civil action for liability
    Priv offended has no personality to question bail.

    ABS- CBN v. Ombudsman, GR No.133347 October 15, 2008


    Whether death extinguishes criminal liability

    Hun Hyung Park v. Eun Wong Choi, GR No. 165496, February 12, 2007
    Demurrer filed after dismissal
    Without act or omission, extinguished
    Acquittal –
    Granting of demurrer results to dismissal of both crim and civil aspect – if grant is acts or
    omissions does not exist

    Lo Bun Tiong vs. Balboa, GR No. 158177, January 28, 2008


    Actual damages – what’s in the case
    (Before, bp22 allowed civil aspect to be filed separately)

    Sec. 2.When separate civil action is suspended.


    Crim, proof beyond reasonable doubt. Civil, preponderance of evidence
    May Ext civ liability if found out that there was no criminal offense committed

    Lanuzo v. Sy Bon Ping, G.R. No. 53064, September 25, 1980


    Arising from quasi delict

    Manliclic v. Calaunan, G.R. No. 150157, January 25, 2007


    Act or omission does not exist because he isn’t the author

    Aleria v. Mendoza, G.R. No. L-2336 April 27, 1949


    Civil case on unpaid wages

    Parker v. Panlilio, G.R. No. L-4961 March 5, 1952


    Diff defendants on the criminal and civil case

    Babala v. Abaño, G.R. No. L-4600 February 28, 1952


    Issuance of prelim injunction may be done, as long as no going to the merits of the case

    Jose-Consing v. People, G.R. No. 161075, July 15, 2013


    Unicapital, filed against consing estafa

    Is prejudicial question applicable? Plus builders, none. Unicapital, there is.


    Civil action with fraud may go hand in hand with a criminal action

    Coscolluela v. Sandiganbayan, G.R. No. 191411, July 15, 2013


    Anti graft, but suspended bed violation of speedy trial
    Acquittal does not ext civil liability. Court did not acquit bec no criminal action was present

    Co v. Muñoz, G.R. No. 181986, December 4, 2013


    Dj attaches.

    Acquittal, no dj:
    1. Acquittal based on reasonabke doubt
    2. civ is separate

    1
    Sec. 3.When civil action may proceed independently.

    Philippine Rabbit Bus Lines, Inc. v. People, GR No. 147703, April 14, 2004
    Civ action on quasi delict

    Sec. 4. Effect of death on civil actions.


    Civil liability from delict
    BEFORE ARRAIGNMENT

    ABS-CBN v. Ombudsman, GR No.133347 October 15, 2008


    Discussed
    Namatay so benedicto even before criminal action instituted
    May go against ben for civil liability
    Civil case may proceed
    Civil liability may be ran after based on other sources of obligation

    People vs. Bayotas, GR No. 102007, September 2, 1994


    Is death of accused pending appeal extinguish civil liability? It depends on the civil liability
    refered. If pertains to crime, extinguished. If based on other sources, liability shrives by
    filing a separate civil action

    People vs. Bringas Bunay y Dam-at, GR No. 171268, September 14, 2010
    Ok

    People vs. Jaime Ayochok, GR No.175784, August 25, 2010


    Obligation to indemnify victim- bases on ex delicto

    Sec. 5. Judgment in civil action not a bar.

    Salta v. De Veyra, G.R. L-37733, September 30, 2982


    Reservation results that the court trying the criminal case can’t rule on the civil liability

    Sec. 6. Suspension by reason of prejudicial question.


    PQ is made to avoid conflicting decisions.

    San Miguel Properties v. Secretary of Justice GR No. 166836, September 4, 2013


    BF did not release titles. Accdg to San min, sec 5 on specific performance
    If hlurb says no obligation, can’t be a crim offense
    Problem – blurb. BUT civil action matters, not the agency because you can come up with a
    cause of action

    Omictin v. Court of Appeals, G.R. No.148004 January 22, 2007


    Criminal case and SEC case (declaration of nullity of position)
    Authority to demand is an element of estafa

    People v. Sandiganbayan, G.R. No. 162748-50, 28 March 2006


    Sufficiency of allegation in the information
    Absence authority, no more valid demand
    If one court says validity if moa, no graft (criminal case)

    Yu v. Philippine Commercial and Industrial Bank, 485 SCRA 56


    Do you apply prejudicial question here? No. PQ may be used as a term, but not as such
    stated in Rule 111.

    Reyes v. Pearlbank Security,G.R. No. 171435, July 30, 2008


    There were prior cases on accounting, civil in nature.
    Civil – asserting a right or status.
    No PQ because issue on SEC is not determinative of the falsification case.

    Coca-Cola. v. Social Security Commission, G.R. No. 159323, July 31, 2008
    No prejudicial question because there is no criminal case.

    Monreal v. COMELEC, GR No. 184935, December 21, 2009


    No pq. Because dismissing would result to…

    Sps Jose v. Suarez, G.R. No. 176795, 30 June 2008


    Walay check bec unconscionable.
    But SC: no. Gravamen is issuance. Validity or invalidity of interest does not matter.

    2
    Sy Thiong Siou v. Sy Chim, GR No. 174168, March 30, 2009
    No PQ. WON one of the spouses mishandled the fund, it has nothing to do with the other
    criminal case.

    IBP vs. Atienza, GR No. 175241, February 24, 2010


    You have to file the motion for suspension in the criminal case, not in the civil case.

    Land Bank of the Philippines v. Jacinto, GR No. 154622 August 3, 2010


    ok

    Sabandal vs. Tongco, GR No. 124498, October 5, 2001


    ok

    Marbella-Bobis v. Bobis,G.R. No. 138509, 31 July 2000


    No pq bec judicial dec of nullity is not determinative of the innocence of the guilt of the
    husband. (bigamy)

    Landicho v. Relova, GR No. L- 22579, February 23, 1968


    Bigamy case.

    Beltran vs. People, GR No. 137567, June 20, 2000


    Said that there should be no concubinage. But…

    Prado vs People, G.R. No. L-37652 December 26, 1984


    ok

    Donato vs Luna, G.R. No. L-53642 April 15, 1988


    Elpidio doctrine if the consent of a party is in question. (if no consent, no marriage to speak
    of.)

    Sec. 7. Elements of prejudicial question.


    1. Pending civil action previously instituted
    2. Criminal action and civil action intimately related

    Magestrado v. People, GR No. 148072, July 10, 2009


    ok

    Torres v. Garchitorena, GR No. 153666 December 27, 2002


    ok

    Pimentel v. Pimentel, GR No. 172060, September 13, 2010


    ok

    OCA CIRCULAR 1010 2017


    32B8 – prohibited motion to suspend from action based on prejudicial question. There should be a PEDNING civil
    case based on prejudicial question

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