Section 3. When civil action may proceed independently
Prior reservation is not necessary to file separate civil action under
Arts. 32, 33, 34 and 2176 of the Civil Code. The phrase “which has
been reserved” that has caused conflicting rulings in the past has now
Actions based on quasi-delict may be filed independently of the
criminal action regardless of the result of the criminal action,
except that a plaintiff cannot recover damages twice for the same act
or omission of the defendant.
PURPOSE: To make the court’s disposition of the criminal case of no
effect whatsoever on the separate civil case.
Section 4. Effect of death on civil actions
EFFECT OF DEATH OF THE ACCUSED ON CIVIL ACTIONS
1. After arraignment and during the pendency of the criminal action:
- Death extinguishes the civil liability arising from delict or
EXCEPT: where civil liability is predicated on other sources
of obligations such as law, contract, quasi-contract and
If such civil action which survives is impliedly instituted in
the criminal action, the legal representative or heir of the
deceased shall be substituted for the deceased. The criminal
case is reduced to a civil action.
However, if the civil action has been reserved and subsequently
filed or such civil action has been instituted, when the accused
died, then such civil action will proceed and substitution of
parties shall be ordered by the court pursuant to Sec.16 Rule
3 of the Rules of Court.
2. Before arraignment:
- The civil action impliedly instituted in the criminal action
shall be dismissed without prejudice to the offended party’s
filing a civil action against the administrator of the estate
of the deceased.
NOTE: The 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.
3. Pending appeal of his conviction:
- It extinguishes his criminal liability as well as the civil
liability based solely thereon.
4. Prior to final judgment:
- It terminates his criminal liability and only the civil
liability directly arising from and based solely on the