- The institution or filing of the criminal action includes the
institution therein of the civil action for recovery of civil
liability arising from the offense charged.
EXCEPTIONS: Where institution of criminal liability does not
include civil liability the offended party WAIVES the civil
action; he RESERVES his right to institute the civil action
separately; or he INSTITUTES THE CIVIL ACTION PRIOR TO THE
The employer may not be held civilly liable for quasi-delict in the
criminal action as ruled in Maniago v. Court of Appeals since
quasi-delict is not deemed instituted with the criminal. If at all,
the only civil liability of the employer in the criminal action would
be his subsidiary liability under the Revised Penal Code.
WHEN RESERVATION SHALL BE MADE:
a. Before the prosecution starts to present its evidence; and
b. Under circumstances affording the offended party a reasonable
opportunity to make such reservation.
INSTANCES WHERE NO RESERVATION SHALL BE ALLOWED
1. Criminal action for violation of BP 22 – unless a separate civil
action has been filed before the institution of the criminal action,
no such civil action can be instituted after the criminal action has
been filed as the same has been included therein.
2. A claim arising from an offense which is cognizable by the
Sandiganbayan – a civil action filed prior to the criminal action
has to be transferred to the subsequently filed criminal action for
joint hearing (Sec. 4 of PD 1606 as amended by RA 8249)
3. Tax cases (Sec. 7, par. b, no.1, RA 9282)
When the reservation of the right to institute the separate civil
actions shall be made: before the prosecution starts to present its
evidence and under circumstances affording the offended party a
reasonable opportunity to make such a reservation.
The rule requiring reservation to file a separate civil action does
not apply to civil actions which can be filed and prosecuted
independently of the criminal action, namely, those provided in
Arts. 32, 33, 34 and 2176 of the Civil Code.
Although the criminal and civil actions may be joined in the criminal
case, they are distinct from each other. The plaintiffs in the two
actions are different.
THUS: even if the accused started serving his sentence within the
15-day period from the promulgation of the judgment of conviction by
the lower court, thereby making the judgment against him final, the
complainant may, within the 15-day reglementary period, still ask
that the civil liability be fixed by the court, if the judgment does
not adjudicate any civil liability, as the judgment regarding civil
liability has not become final and the court still has jurisdiction
to adjudge the civil liability.
NOTE: Only civil liability arising from crime charged (cause of action
arising from delict) as a felony is deemed instituted. Civil liability
arising from other sources of obligations (law, quasi-contract and quasi-
delict) are no longer deemed instituted like those under Article 32,
33, 34 and 2176 of the Civil Code which can be prosecuted even without
RULES ON FILING FEES
- No filing fees are required for amounts of actual damages.
EXCEPTION: Criminal action for violation of BP 22 which is deemed
to include the corresponding civil action. The offended party
shall, upon the filing of the criminal and civil actions, pay in
full the filing fees based on the face value of the check as the
Purpose of Exception: to prevent the offended party from using
the prosecutor’s office and the court as vehicles for recovery
of the face value of the check, without paying the corresponding
filing fees therefor.
With respect to damages other than actual, if these damages are
specified in the complaint or information, the corresponding filing
fees should be paid, otherwise, the trial court will not acquire
jurisdiction over such other damages.
Where moral, exemplary and other damages are not specified in the
complaint or information, the grant and amount thereof are left to the
sound discretion of the trial court, the corresponding filing fees
need not be paid and shall simply constitute a first lien on the
NOTE: Counterclaims, cross-claims, third-party complaints are no longer
allowed in a criminal proceeding. Any claim which could have been the
subject thereof maybe litigated in a separate civil action.
In an appeal of a criminal case, the appellate court may impose
additional damages or increase or decrease the amounts of damages upon
HOWEVER, additional penalties cannot be imposed upon a co-accused who
did not appeal, but modifications of the judgment beneficial to him
are considered in his favor.
The offended party in a criminal case may appeal the civil aspect
despite the acquittal of the accused. Where the trial court convicted
the accused, but dismissed the civil action instituted therein, the
offended party may appeal the dismissal to the CA.
Compromise on civil aspect: The offended party may compromise the civil
aspect of a crime, provided that it must be entered before or during
the litigation, and not after final judgment. A compromise on the civil
aspect is valid even if it turns out to be unsatisfactory either to one
or both of the parties.
IMPORTANT: Section 1, Rule 111 now expressly provides that no
counterclaim, cross-claim or third- party complaint may be filed by
the accused in the criminal case, but any cause of action which could
have been subject thereof may be litigated in a separate civil action.
a. the counterclaim of the accused will unnecessarily complicate and
confuse the criminal proceedings;
b. the trial court should confine itself to the criminal aspect and
the possible civil liability of the accused arising out of the crime.