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    What are the independent civil actions?

    The independent civil actions are those provided in Articles 32, 33, 34, and 2176 of the Civil Code. They
    may proceed independently of the criminal action and shall require only a preponderance of evidence.

    What is the effect of the death of the accused on the criminal and civil actions?

    If the accused dies after arraignment and during the pendency of the criminal action, both the criminal
    and civil liability arising from the crime shall be extinguished. However, the independent civil actions
    may be filed against the estate of the accused after proper substitution, and the heirs of the accused
    may also be substituted for the deceased.

    If the accused dies before arraignment, the case shall be dismissed, without prejudice to any civil action
    that the offended party may file against the estate of the deceased.

    When the defendant is absolved of civil liability in a civil action, can a criminal action still be filed against
    him?

    Yes. While every person criminally liable is also civilly liable, the converse is not true. Therefore, even if
    the defendant is absolved of civil liability in a civil action, a criminal action can still be filed against him.
    Besides, the state is a party in a criminal action, while only the private offended party is a party in the
    civil action. Moreover, the quantum of evidence in the civil action is only preponderance of evidence,
    while that required in the criminal action is proof beyond reasonable doubt.

    What is a prejudicial question?

    A prejudicial question is one based on a fact separate and distinct from the crime but is so intimately
    related to it that it determines the guilt or innocence of the accused.

    What are the elements of a prejudicial question?

    The previously filed civil action involves an issue which is similar or is intimately related with an issue
    raised in the subsequent criminal action
    The resolution of the issue will determine whether or not the criminal action may proceed.

    When is an action for annulment of marriage prejudicial to a bigamy case?

    An action for annulment of marriage is prejudicial to a bigamy case only if the accused in the bigamy
    charge is also the one asking for annulment of the second (bigamous) marriage based on vitiation of
    consent. This is because in such a case, if the court declares that the party’s consent was indeed vitiated
    and annuls the marriage, then it would also mean that the party did not willingly commit the crime of
    bigamy. It would thus be determinative of the guilt or innocence of the accused.

    RULE 112 PRELIMINARY INVESTIGATION

    What is preliminary investigation?

    Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to


    engender a well-founded belief that a crime has been committed and the respondent is probably guilty
    thereof, and should be held for trial.

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