Rule 111 Flashcards
(36 cards)
Institution of criminal and civil actions.
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
Exemption Institution of criminal and civil actions.
offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.
The reservation of the right to institute separately the civil action shall be made
before the prosecution starts presenting its evidence
…. and under circumstances affording the offended party a reasonable opportunity to make such reservation.
When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees thereof shall…
constitute a first lien on the judgment awarding such damages.
When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees thereof shall…
constitute a first lien on the judgment awarding such damages.
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.
T/F there is filing fees shall be required for actual damages.
False, no filing fee
What cant be filed by the accused,?
No counterclaim,
cross-claim
or third-party complaint may be filed by the accused in the criminal case,
This is not available for criminal action…
T/F The criminal action for violation of Batas Pambansa Blg. 22 shall not be deemed to include the corresponding civil action.
False… deemed
Is there a reservation in BP 22
No reservation to file such civil action separately shall be allowed.
Upon filing of the aforesaid joint criminal and civil actions, the offended party shall…
pay in full the filing 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 amounts alleged therein.
If the amounts are not so alleged but any of these damages are subsequently awarded by the court, the filing fees based on the amount awarded shall…
constitute a first lien on the judgment.
Where the civil action has been filed separately and trial thereof has not yet commenced, it may be…
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 governing consolidation of the civil and criminal actions.
After the criminal action has been commenced, the separate civil action arising therefrom….
cannot be instituted until final judgment has been entered in the criminal action.
If the 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.
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.
In the cases provided for in Articles ……….,.,,,,, of the Civil Code of the Philippines, the independent civil action may be brought by the offended party.
Art 32, 33, 34 and 2176
It shall proceed independently of the criminal action and shall require…
only a preponderance of evidence.
It shall proceed independently of the criminal action and shall require…
only a preponderance of evidence.
Art 32 of NCC
Article 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one’s person, house, papers, and effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the Government for redress of grievances;
(14) The right to be a free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one’s self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant’s act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.
Art 33 of NCC
Article 33. 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.
