Rule 111-Prosecution of Civil Cases

May 29, 2018 | Author: Jolo Gonzales | Category: Defamation, Prosecutor, Lawsuit, Witness, Criminal Law
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Review on the 2000 Revised Rules on Criminal Procedure (2002 Edition)

Rule 111 Prosecution of Civil Cases

Rule 111

PROSECUTION OF CIVIL CASES SECTION SECTION 1 Institution of criminal and civil actions. ! (a) "hen a criminal action action is instit institute uted# d# the civil civil action action $or the recove recover% r% o$ civil civil lia&il lia&ilit% it% arisin' $rom the o$$ense char'ed shall &e deemed instituted with the criminal action unless the o$$ended art% waives the civil action# reserves the ri'ht to institute it searatel% or institutes the civil action rior to the criminal action The reservation o$ the ri'ht to institute searatel% the civil action shall  &e made &e$ore the rosecution starts resentin' its evidence and under circumstan circumstances ces a$$ordin' the o$$ended o$$ended art% a reasona&le reasona&le oortunit% oortunit% to mae such reservation  "hen the o$$ended art% sees to en$orce civil lia&ilit% a'ainst the accused  &% wa% o$ moral# nominal# temerate# or e*emlar% dama'es without seci$%in' the amount thereo$ in the comlaint or in$ormation# the $ilin' $ees there$ore shall constitute a $irst lien on the +ud'ment awardin' such dama'es  "here the amount o$ dama'es# other than actual# is seci$ied in the comlaint or in$ormation# the corresondin' $ilin' $ees shall &e aid &% the o$$ended art% uon the $ilin' thereo$ in court E*ce E*cet t as othe otherw rwis ise e rov rovid ided ed in thes these e Rule Rules# s# no $ili $ilin' n' $ees $ees shal shall l &e re,uired $or actual dama'es  No counterclaim# cross-claim or third-art% comlaint ma% &e $iled &% the accused in the criminal case# &ut an% cause o$ action which could have &een the su&+ect thereo$ ma% &e liti'ated in a searate civil action (1a) (&) The criminal action $or violation o$ .atas Pam&ansa .l' 22 shall &e deemed to include the corresondin' civil action No reservation to $ile such civil action searatel% shall &e allowed /on $ilin' o$ the a$oresaid +oint criminal and civil actions# the o$$ended  art% shall a% in $ull the $ilin' $ees &ased on the amount o$ the chec involved# which shall &e considered as the actual dama'es claimed "here the comla comlaint int or in$orm in$ormati ation on also also sees sees to recove recover r li,uid li,uidate ated# d# moral# moral# nomina nominal# l# temerate or e*emlar% dama'es# the o$$ended art% shall a% additional $ilin' $ees &ased on the amounts alle'ed therein I$ the amounts are not so alle'ed  &ut an% o$ these dama'es are su&se,uentl% awarded &% the court# the $ilin' $ees  &ased on the amount awarded shall constitute a $irst lien on the +ud'ment  "here the civil action has &een $iled searatel% and trial thereo$ has not %et commenced# it ma% &e consolidated with the criminal action uon alication  with the court tr%in' the latter case I$ the alication is 'ranted# the trial o$ &oth &oth acti action ons s shal shall l roc rocee eed d in acco accord rdan ance ce with with sect sectio ion n 2 o$ this this Rule Rule 'overnin' consolidation o$ the civil and criminal actions (cir -)

We will now go to Rule 111. This rule has been subjected subjected to many amendments amendments although although the amendments amendments may not be very radical. As a matter of fact, they only incorporate jurisprudence or principles laid down in decided cases. The main principle is: principle  is: when a criminal action is filed, the civil action of the the recovery of the civil liability arising from the offense charged is deemed instituted with the criminal action. What is the basis for that principle The basis is Article 1!! of the R"#, $%very person criminally liable is also civilly civilly liable.& liable.& When you say deemed instituted , it does not only cover the civil liability of the accused himself but also the probable subsidiary civil liability of the employer under Article 1!'. (ou already )new of that rule that when an employee*ac employee*accused cused is adjudged adjudged criminally criminally liable and is insolvent, insolvent, the employer employer of that accused who committed the crime while he was in the discharge of his duties will be the one to answer the civil liability. liability. That is why the +# said that whether he li)es it or not, he is covered. t is advisable for the employer in that situation to help his employee in the criminal case because he will also be prejudiced if his employee will be convicted. To borrow the language of the +#, whether he li)es it or not, he is a  forced intervenor  in  in the criminal case filed against his employee. Q: When Q: When is a civil action arising from a crime -T deemed instituted with the criminal action  A: The  A: The civil action is -T deemed instituted with the criminal action: 1. when when the the off offen ende ded d party party has has waived the civil aspect of the case/ 0. when the offend offended ed party party has has reserve reserved d his right right to file a separate civil action/ or  '. when the civil civil action action was filed or institu instituted ted ahead of the criminal action. . when when the the crime crime is one to which which no civil liability attaches. 2"eople vs. 3aceda, 4' "hil. 5467 8. when the the civil civil action action was was filed in court court before before the presen presentatio tation n of the evidence for the prosecution in the criminal action of which the judge presiding on the criminal cases was duly informed. 2(a)ult "hils. vs. #A, 16! +#RA '847/

Lakas Atenista Ateneo de Davao University College of Law


Review on the 2000 Revised Rules on Criminal Procedure (2002 Edition)

Rule 111 Prosecution of Civil Cases

According to the second paragraph, the reservation must be made before the prosecution starts presenting its evidence and under circumstances affording the offended party reasonable opportunity. 9efore the trial, )ailangan mag*reserve na siya. therwise the court will consider the civil aspect deemed instituted.

YAKULT PHILS. vs. COURT OF APPEALS APPEALS !" SCRA #$% &!!"' case, the offended offended party did not ma)e a reservatio reservation n but there is still still no FACTS: n a criminal case, trial. owever, without ma)ing a reservation, the offended party filed a civil action. After such filing, the offended party told the court trying the criminal case, that he has already filed a separate civil case so that the court will not include anymore the civil aspect.

ISSUE: s there a proper filing of the civil action without ma)ing a reservation Was the civil action filed ahead of the criminal case HEL(: -. owever, there is no ;uestion that after filing the civil case he told the court that he already filed a separate civil action and that is even a better reservation. n effect, there was an automatic reservation although normally, normally, reservation is done before the filing of the criminal case. to naman, filing before he informed the court.

Q: as Q: as the offended party the right to claim and prove damages in the criminal action where the complaint or information is silent as to such claim  A: %very  A: %very person criminally liable is also civilly liable. Therefore, even if the complaint or information is silent as to damages, the offended party has the right to claim and prove them in the criminal case, unless a unless a waiver or a reservation reservation of the civil action is made. 2"eople 2"eople vs. Rodrigue< Rodrigue
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