In cases of defamation, fraud, and physical injuries, a civil action
for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.
RATIONALE: to allow the citizen to enforce his rights in a private action brought by him, regardless of the action of the State attorney. In a criminal prosecution, the complainant is the State. The injured individual is the one most concerned because it is he who has suffered directly. He should be permitted to demand reparation for the wrong which peculiarly affects him.
Criminal Negligence, not included in the provision. The law penalizes the negligent act or careless act, but not the result thereof.
Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefore. The civil action herein recognized shall be independent of any criminal proceedings and a preponderance of evidence shall suffice to support such action.
Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Such civil action shall be supported by preponderance of evidence. On the defendants motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. (2)If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings.
Reservation of Civil Action. shall be made before the prosecution starts presenting its evidence and other circumstances affording the offended party a reasonable opportunity to make such reservation. EXCEPT BP 22(criminal action for violation of BP 22 shall be deemed to include the corresponding civil action. No reservation to file such civil action separately shall be allowed.
When separate civil action is suspended. IF criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action. BUT, nevertheless, before judgment on the merits is rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action. (shall be tried and decided jointly.)
Extinction of penal action does not carry with it extinction of the civil action. However, the civil action based on delict may be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist.
When civil action may proceed independently shall only require preponderance of evidence. (art 32,33,34 and 2176 of civil code). In no case however, may the offended party recover damages twice for the same act or omission charged in the criminal action.
Effect of Death on Civil Actions Death of accused after arraignment will extinguish civil liability arising from the delict. However, when civil action may proceed independently (preceding paragraph), it may continue against the estate or legal representative of the accused after proper substitution or against said estate, or heirs to substitute the deceased, and guardian for minor heirs.
Judgment in civil action not a bar. Absol ved defendant in a ci vi l action, is not a bar to a criminal action against the defendant.
Art. 36. Prejudicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by the rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code.
Precedence. The general rule is that where both a civil and criminal case arising from the same facts are filed in court, the criminal case takes precedence. EXCEPTION: if there is a prejudicial question one that arises in a case, the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. There are always 2 cases involved, civil and criminal. The criminal case is always suspended because the issues in the civil is determinative of the outcome of the criminal case.
Two essential elements of a prejudicial question: The civil action involved an issue similar or intimately related to the issue raised in the criminal action The resolution of such issue determined whether or not the criminal action may proceed.