RULE 111: Prosecution of Civil Action

RULE 111 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
Prosecution of Civil Action 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
Section 1. Institution of criminal and civil actions. — and civil actions shall be tried and decided jointly.
(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 During the pendency of the criminal action, the running of the period of prescription of the civil action
the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal which cannot be instituted separately or whose proceeding has been suspended shall be tolled. (n)
action.
The extinction of the penal action does not carry with it extinction of the civil action. However, the civil
The reservation of the right to institute separately the civil action shall be made before the prosecution action based on delict shall be deemed extinguished if there is a finding in a final judgment in the
starts presenting its evidence and under circumstances affording the offended party a reasonable criminal action that the act or omission from which the civil liability may arise did not exist. (2a)
opportunity to make such reservation.
Section 3. When civil action may proceed independently. — In the cases provided for in Articles 32,
When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the
temperate, or exemplary damages without specifying the amount thereof in the complaint or offended party. It shall proceed independently of the criminal action and shall require only a
information, the filing fees thereof shall constitute a first lien on the judgment awarding such damages. preponderance of evidence. In no case, however, may the offended party recover damages twice for
the same act or omission charged in the criminal action. (3a)
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. Section 4. Effect of death on civil actions. — The death of the accused after arraignment and during
the pendency of the criminal action shall extinguish the civil liability arising from the delict. However, the
Except as otherwise provided in these Rules, no filing fees shall be required for actual damages. independent civil action instituted under section 3 of this Rule or which thereafter is instituted to enforce
liability arising from other sources of obligation may be continued against the estate or legal
representative of the accused after proper substitution or against said estate, as the case may be. The
No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, heirs of the accused may be substituted for the deceased without requiring the appointment of an
but any cause of action which could have been the subject thereof may be litigated in a separate civil executor or administrator and the court may appoint a guardian ad litem for the minor heirs.
action. (1a)
The court shall forthwith order said legal representative or representatives to appear and be substituted
(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to include the within a period of thirty (30) days from notice.
corresponding civil action. No reservation to file such civil action separately shall be allowed.
A final judgment entered in favor of the offended party shall be enforced in the manner especially
Upon filing of the aforesaid joint criminal and civil actions, the offended party shall pay in full the filing provided in these rules for prosecuting claims against the estate of the deceased.
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 If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action
amounts alleged therein. If the amounts are not so alleged but any of these damages are subsequently the offended party may file against the estate of the deceased. (n)
awarded by the court, the filing fees based on the amount awarded shall constitute a first lien on the
judgment. Section 5. Judgment in civil action not a bar. — A final judgment rendered in a civil action absolving
the defendant from civil liability is not a bar to a criminal action against the defendant for the same act
Where the civil action has been filed separately and trial thereof has not yet commenced, it may be or omission subject of the civil action. (4a)
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 Section 6. Suspension by reason of prejudicial question. — A petition for suspension of the
governing consolidation of the civil and criminal actions. (cir. 57-97) criminal action based upon the pendency of a prejudicial question in a civil action may be filed in the
office of the prosecutor or the court conducting the preliminary investigation. When the criminal action
Section 2. When separate civil action is suspended. — After the criminal action has been has been filed in court for trial, the petition to suspend shall be filed in the same criminal action at any
commenced, the separate civil action arising therefrom cannot be instituted until final judgment has time before the prosecution rests. (6a)
been entered in the criminal action.
Section 7. Elements of prejudicial question. — The elements of a prejudicial question are: (a) the
If the criminal action is filed after the said civil action has already been instituted, the latter shall be previously instituted civil action involves an issue similar or intimately related to the issue raised in the
suspended in whatever stage it may be found before judgment on the merits. The suspension shall last subsequent criminal action, and (b) the resolution of such issue determines whether or not the criminal
until final judgment is rendered in the criminal action. Nevertheless, before judgment on the merits is action may proceed. (5a)
rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the

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RULE 111 criminal action in the court trying the criminal action.

In case of consolidation, the evidence already

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