Criminal Procedure Part 4

Rule 111- Prosecution of Civil Actions
Rule on Implied Institution of Civil Action with Criminal Action
Reservation to file a separate action
When Civil Action May Proceed Independently
When Separate Civil Action is Suspended
Effects of Death of the Accused or Convit on Civil Actions
What is a Prejudicial Question?

Part 1

Part 2

Part 3

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[mariojudelitotorrejos]

I'm a student of law but I learned with all clarity of understanding on you better than our law professor

[fatimamaevelasquez]

VELASQUEZ, FATIMA MAE C.
3-C1
Thank you Sir. This is the summary of what I have learned from this video.

RESERVATION TO FILE A SEPERATE ACTION
jurisprudence instructs that the reservation may not  be necessarily expressed but may be implied, which may be inferred not only from the acts of the offended party but also from acts than those of the latter.
2. Before arraignment- the offended party may file the civil action against the estate of the deceased.3. Pending appeal- Civil liability arising from the crime is extinguished- Civil liability predicated from another source survive example : liability arising, from law, contracts, quasi-contract and quasi-delict.

[oliquinojoshuao.]

OLIQUINO, JOSHUA O.
3C4

Done watching Atty! Thankyou for another lesson.
I have learned a lot and acquired knowledge such as:

Rule on Implied Institution of Civil Action with Criminal Action

General Rule: “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” . Exception: When the offended party, waives the civil action, reserves his right to file a separate civil action, Institute a civil action prior to the criminal action. When a criminal case is brought in court, the civil action is not considered implicitly instituted from the criminal action under the exceptions.

Reservation to file a separate action

When there is a reservation, the institutions of criminal action would not always involve the civil action.

Period when reservation of the right to file civil action be made

Before the prosecutor begins providing evidence, the right to bring a civil suit resulting from a delict or felony may be reserved under the law of justice.

Effects of reserving the right to separate civil action:

The reserved prescriptive time of the civil action will not be tolled. The prescriptive cycle's action would be jeopardized. When it is not permitted to reserve the right to bring a separate civil suit. The civil action shall be tolled in a prescribed time, except where the criminal action is in violation of BP 22, also defined as the bouncing check laws. Which is the bouncing check that concerns the amount of check that was dishonored or bounced, in which there are tax cases, and where the breach is under the cognizance of the Sandigabayan, which is a special court that has jurisdiction for graft, public officials engaging in anti-graft and corrupt practices involving a higher-grade salary of 27

When civil action may proceed independently
-As mentioned, civil actions arising from a particular source of obligation would not be considered or impliedly instituted with the criminal action. If a civil liability arising from a breach of contract, you can sue for damages. The source of liability is not a felony or delicto, but rather the breach of the contract. However, if a contract is violated, a civil action may be filed separately from the criminal action.

Consolidation of civil action and criminal action arising from the same offense
-When a criminal case and a civil action are both brought for the same violation, the two can be consolidated.

Extinction of the civil action when the penal action's extinguished
-If the penal action or penal liability is extinguished, the civil action will also be extinguished; if there is no crime, there can be no civil liability.

Effects of death of the accused or conviction on civil actions
-The prosecution may no longer prove the accused's guilt, and thus the civil liability arising from the crime is extinguished by the accused's death. If the accused died before the arraignment, the offended party may file a civil action against the deceased's estate.

Prejudicial Question
It is a civil action that is similar to or intimately related to the issue raised during the preliminary investigation of the offense or in court before the prosecution rests its case. Prejudiced questions will result in two types of actions: civil and criminal. The issue in civil action is similar or related to the issue in criminal action, and the resolution in the civil case determines whether or not the criminal action can proceed.

Elements of Prejudicial Question
1. The civil action must be instituted prior to the criminal action. Civil action is the first to be filed. Following the filing of the civil action, a criminal action will be filed.
2. The civil action involves an issue similar to the issue raised in the subsequent criminal action
3. The resolution of such issue determine whether or not the criminal action may proceed.

However, you cannot determine whether the accused is guilty of the crime charge unless and until the civil action is terminated first.

[nuevojadeviel]

Good day sir thankyou po for the lecture these is what I've Learned in your discussion
Jurisdiction over the subject matter is derived from the law, as is the court's authority to try and hear offenses. It is also the law that will grant the Court jurisdiction. On the other hand, jurisdiction over the accused's person is obtained through arrest. The arrested person is placed in the custody of the law, and the police must then report the accused's arrest to the court.

[figueroarosemariekarenr.]

thank you so much atty. Very clear explanation even for first yr like me. Thanks again!

[caceresalexisc]

Good Day Sir! Thank you for this lesson. What I’ve learned from this video are the following;
It is an issue involved in a civil action which is similar or intimately related to the issue raised in a criminal action, the resolution of which determines whether or not the criminal action may proceed.
ELEMENTS OF PREJUDICIAL QUESTION- 1. The civil action must be instituted prior to the criminal action
2. The civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action; and
3. The resolution of such issue determines whether or not the criminal action may proceed

[orensegior.]

Good day Atty. I am ORENSE, GIO R from 3C1.
In this particular lecture series, I learned more about prosecution of civil actions under rule 111. The rule on implied institution of civil action with criminal action as a general rule the institution or filling of a criminal action includes the institution therein of the civil action for recovery of civil liability arising from the offense charged. However, there are exceptions, when the offended party waives the civil action, reserves his rights to file separate civil action, or institutes a civil action prior to the criminal action. Also I learned that jurisprudence instructs that the reservation may not be necessarily expressed but may be implied, which may be inferred not only from the acts of the offended party but also from acts other than those of the latter under the reservation to file a separate actions. But failure of the court to pronounce judgment as to the civil liability amounts to the reservation of the right to separate civil actions. Under this the period of reservation of the right to file a civil action must be made before the prosecution starts presenting the evidence.
The effects of reserving the right to separate civil action, the prescriptive period of the civil actions that was reserved shall be tolled. However there are some instances that the court will not allow separate civil action. For example in case in violation of BP22 and during instances that a claim arising from the offense which is cognizable by the Sandiganbayan and in case of tax cases.
Also the instances were civil actions may proceed independently in criminal actions. In time when arising from breach of contract, and independent civil actions or those based on article 32(civil and political rights of every citizen), 33, (defamation fraud and physical injuries), 34 (Members of city or municipal police force refuses or fails to render protection) and 2176 of the NCC or quasi-delict (Act or omission is obliged to pay damages). But failure to reserve the rights to file the enumerated actions does not amount to a waiver to institute a separate civil actions.

[ressacalago]

Thank you for this lesson now atty.! These are what I've learned from this topic sir.
Prosecution of Civil Actions Rule 111
As a general rule "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". It stated here that, when the criminal action is instituted the civil liability for civil action is arising from the offense being charge, and it should be impliedly instituted with the criminal action.

Exception to the rule;
1. When the civil action was waive by the offended party, ( the civil action will not going to be deemed
2. When the offended party reserves his rights to file a separate civil action (this must be done before the presentation of evidence in prosecution,
3. When the offended party institutes a civil action prior to the criminal action.

EFFECT OF RESERVINGTHE RIGHT TO SEPARATE CIVIL ACTION:
- The prescription period of the civil action that was reserved shall be tolled.
- But there are some instances that it is not allowed;

1. Criminal action for violation of BP22 ( Sec. 1 (b), Rule 111);
2. According to Herrera on 2007, a claim arising from an offense which is cognizable by the Sandigangbayan;
3. Tax cases.

THERE ARE ALSO SOME INSTANCES THAT THE CIVIL ACTION MAY PROCEED INDEPENDENTLY;
1. Arising from breach of contract and ;
2. Independence civil action or based on the Art. 32 (Violation of Civil and Political Rights), 33 (Cases of defamation, fraud or physical injury, 34 (when the municipal or city police force refuses or fails to render aid or protection to any person in case of danger to life or property), and Art. 2176 (Cases of Quasi-delict) of Civil Code or quasi-delict.
If they arise from the same effect civil action and criminal action should be consolidated, before the judgement on the merit is rendered in the civil action (Sec. 2, Rule 111)
GENERAL RULE:
“If the civil action is instituted before criminal action and the criminal action is subsequently commenced the pending civil action in whatever stage it may found, shall be suspended until final judgement of the criminal action rendered.
EFFECTS OF DEATH OF THE ACCUSED OR CONVICT ON CIVIL ACTIONS;
After the arraignment and during the pendency of the criminal action General Rule: “The civil liability of the accused based on the crime extinguished”
EXEMPTION:
1. Independent civil action based on Art.32, 33, 34, and 2176 of Civil Code
2. Before the arraignment- offended party may file the civil action against the state of the descend
3. Pending appeal
a.) civil liability arising from the crime is extinguish
b.) civil liability predicated from another source of services.

WHAT IS A PREJUDICIAL QUESTION?
It is the resolution through determination if the criminal action may proceed or not.

CALAGO, RESSA A. (3C1)

[deocamposaraangeluzt.]

Good day Sir! I am De Ocampo, Sara Angeluz T. from BS-Criminology 3C2. This is the knowledge that I learned from the previous discussion
PROSECUTION OF CIVIL ACTIONS RULE 111

Rule on Implied Institution of Civil Action with Criminal Action General Rule: “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: When the offended party;

Waives the civil action;
Reserves his right to file a separate civil action; or 3, Institutes a civil action prior to the criminal action (Sec Rule 111).

Reservation to file a separate action Jurisprudence instructs that the reservation may not be necessarily expressed but may be implied, which may be inferred not only from the acts of the offended party but also from acts other than those of the latter (Herrera, 2007).

[cosicoangelicam.]

Done
COSICO, ANGELICA M. 3C1
I had learned to this video that running of the prescriptive period will be interrupted. There were also instances that filling a separate civil action is not allowed OR prohibited those instances are criminal action for violation of BP 22, claim arising from the offenses which is cognizable by the Sandiganbayan and tax cases. The civil action arising from different source of obligation will not be deemed instituted with the criminal actions. Based on the video thats all thank you

[juvyobrador]

Done Watching sir. OBRADOR JUVY R


Thank you sir for the another video recorded lecture ❤️ I've learned about the prosecution of civil actions Rule 111 that whenever we institute a criminal action that criminal action will bare with it the civil action arising from the crime. As a general rule " 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" however the general rule has an exceptions when the offended party (1). Waives the civil action. (2). Reserves his right to file a separate civil action (3). Institute a civil action prior to the criminal action. Under the exceptions a criminal action is file in court the civil action is no deemed impliedly instituted from the criminal action.

In prejudicial question it is an issue involved in a civil action which is similar or intimately related to the issue raised in a criminal action. It involved two (2) complaints or (2)court action those are the Civil action and criminal action. In civil action it has an issue which is similar to the issue in criminal action the resolution in civil determines whether or not the criminal action may proceed. In addition I also learned the elements of prejudicial action. The first element is civil action must be instituted prior to the criminal action, the second element is the civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action. And the third element is the resolution of such issue determines whether or not the criminal action may proceed.


Thank you sir

[carljohnfernandez]

Good day sir based on vrl I have learned the Rule on implied institution of civil action with criminal action . And its General Rule and its Exceptions. I had also learned about what is Reservation to file a separate action, Period when reservation of the right to file civil action be made, and Effect of reserving the right to separate civil action. As a general rule, the extinction of the penal action does not extinguish the civil action.The exceptions is if the accused is not the author of the crime, and it is based on reasonable doubt. Another thing is that if the accused dies after arraignment, as a general rule the civil liability of the accused must be extinguished too. The exceptions to this is: If the cases filed against the accused whom died is of independent civil action under article 32, 33, 34 and Article 2176 of the civil code.

[johnpaulleuterio]

Good day sir and thank you I've learned in these specific topics are the following:

Rule 111 - Prosecution of Civil Action
- as the general rule says in the institution in the filing of the criminal actions includes the institution therein if the civil action for recovery of civil liability arising from its offense charged.
exceptions:
1. the private offended party is no longer interested to seek damages which is why even if he files a criminal action that criminal action will not include the civil action for the recovery of civil liability arising from the offense charged.
2. when the private offended party intends to file a separate civil action then definitely the criminal complaint would not comprise the civil action arising from the offense charged.
3. when the offended party institutes a civil action prior to the criminal action.

Preservation to File a Separate Action
- by which the institution of the criminal action will not necessarily include the civil action when there is a reservation
- the private offended party is impliedly or expressly reserving the filing of the criminal activity in the meantime.

When Civil Action may Proceed Independently
-when a contract is breached then you can seek damages and the source of liability is not the crime but the violation of the contract.
- Art. 32, if any public officer, employee, or individual will violate the civil and political rights of every citizen as enshrined in the constitution then the civil action may proceed dependently on the criminal action.
- Art. 33, in cases of defamation, fraud and physical injuries you can file a civil action.
- Art. 34, A city or municipal police force refuses or fails to render aid protection. and,
- Art. 2176, which is quasi-delict.

When separate Civil Action is Suspended
- in the primacy of criminal cases over civil cases, now if a civil action is filed in court before a criminal act then the criminal action is deemed as suspended.

Effects of Death of the Accused or Convict on Civil Actions
- if the accused died after arraignment and during dependency of the trial the prosecution may no longer prove the guilt of the accused. therefore, the civil liability arising from the crime is extinguished by the death of the accused.

What is Prejudicial Question
- it will involve two actions which are civil action and criminal action. civil action has an issue similar or intimately related to the issue in the criminal action and that the resolution in the civil case determines whether or not the criminal action may proceed.

[rectojustinej.c]

RECTO, JUSTINE J. (3C3) Bs criminology
Thank you sir! This is the summarized lesson that I've learned on this video recorded lecture about Rule 111 Prosecution of Criminal Action when criminal action is instituted it will bear the civil action arising from the delicit or crime. However there's a exception to that rule

First is the exceptions of institution of civil action with criminal action and it is when an offended party:
1. waives his civil action.
2. Reserves his right to file a separate civil action (it must be noted that it must be done before the prosecution starts presenting the evidence.)
3. It must be prior institution of a civil action to the criminal action
When it comes to reservation to file a separate action, the jurisprudence stated that it can be implied but may not be necessarily expressed. It can be inferred not only to the acts of the offender but also to the acts other than those of the latter. If the courts failed to pronounce the judgement as a civil liability it can be considered as as reservation of the right to separate civil action. The period of the reservation can be made only before the prosecution starts presenting an evidence. When it comes to the effect of reserving a right to separate a civil action, the running of prescription will be interrupted, thus it will not continue to run or to commence.

There are some cases when a reserving a separate civil action will not be applied. These are a criminal action from violating BP 22, a claim arising from an offense which is under by Sandiganbayan and a tax cases.

It can institute a separate civil action individually if the case is defamation, fraud or physically injury m

When it comes to primacy of crimial case over civil case, the criminal action is deemed suspended if the civil action is filed in court before the criminal action, thus it can be last until the final judgement of civil action has been rendered by the judge.

The extinction of of the penal action does not extinguish the civil action. However if the accused is not the author of the crime and it only based on reasonable doubt then it cab labeled as an exception.

As a general rule, if the accused dies after the arraignment the civil liability will be extinguish. The exception of this is if the civil case files is independent civil action.

A prejudicial question can be determined if the criminal action will be taken place unless the civil action is determined with the finality of the court. The elements of prejudicial question are:
1. The civil action must instituted prior to the criminal action.
2. The civil action involves san similar or intimately related to the issue raised in the subsequent criminal action.
3. The resolution of such issue determines whether or not the criminal action may be proceed.

The assumption of the guilty of the accused can be determined if the final judgement on civil action is already rendered

[hazelbool]

Good Day Sir! based on the VRL, Criminal Procedure Part 4.

According to this subject, prejudicial questions have the following elements: (a) the previously initiated civil case includes an issue close or intimately connected to the issue posed in the resulting criminal action, and (b) the settlement of that issue decides whether or not the criminal action can continue.

I also learned that in some cases, a criminal proceeding could proceed independently of a civil action brought by the accused person. It will proceed regardless of the criminal proceeding and only a preponderance of proof will be required. However, the offended party should not be awarded damages again for the same crime or negligence alleged in the court proceeding.

This video lecture also gave me an understanding of what is implied in the institution of a civil action with criminal action, which states that where a criminal action is initiated, the civil action for the restitution of civil damages resulting from the crime charged is considered instituted with the criminal action until the offending party waives the civil action, retains the right to institute it, or waives the right to institute the civil action prior to the criminal activity.

Bool, Hazel D.
3c2

[johnervinlalusin]

In this video lecture, I learned and understood the topic of prosecution of civil action rule 111, as well as how civil actions are prosecuted in court.
Reservation to file a separate action, reservation means that the private offended party is impliedlyor expressly reserving or setting aside the filing of the criminal action in the meantime. Also under the rupes of court, the right to make reservation to file d a civil action arising from the delicts or acrime can be made before the prosecution starts presenting the evidence.
If the accused died after arraignment and during the pendency of the trial, the prosecution may no longer prove the guilt of the accused, and thus the civil liability arising from the crime is extinguished by the death of the accused, except in cases of independent civil action under articles 32, 33, 34, and 2176 of the new civil code.
I also learned that the prejudicial question will involve two complaints or two court actions, one civil and one criminal. I also understand the various elements or components of the prejudicial question.

Bs Criminology 3c2

[eugerionecilyna.]

Thankyou for this lesson Sir!!
I discovered that a prejudicial question is a civil issue that is identical to or intimately connected to a criminal action, and the resolution of which decides whether or not the criminal action will continue.
If a legal case arises from a breach of contract, it can be pursued on its own (contact is separate source of obligation from delict or crime which is why if the contract is violated it can file a civil action independently or separately from the criminal action)
Independence legal action or quasi-delict based on Art. 32 (Violation of Civil and Political Rights), 33 (Cases of Slander, Fraud, or Physical Injury), 34 (when the municipal or city police force refuses or fails to provide assistance or defense to any person in case of danger to life or property), and Art. 2176 (Cases of Quasi-delict).
Suspension of Separate Civil Actions
General Rule: "If a civil case is filed before a criminal action is filed, and the criminal action is filed later, the pending civil action, in whatever stage it is in, shall be delayed before the criminal action's final judgment is made."
Effects of the Accused's or Convict's Death on Civil Actions
After the arraignment and while the criminal action is pending
General Rule: “The accused's legal responsibility for the offense is extinguished.”
Independent legal action focused on Civil Code Articles 32, 33, 34, and 2176
Prior to the arraignment, the offended party can bring a civil suit against the descendant's state.
A civil liability arising from the offense is extinguished if an appeal is pending.
Civil responsibility based on a different provider of services.

EUGERIO, NECILYN A.
3-C4 BS CRIMINOLOGY

[kaycelinerivera]

RIVERA, KAYCELINE B.(3C3)
Thank you for this lesson sir. What I've learned from this recorder video of Rule 111 Prosecution of Criminal Action is that when a criminal action is instituted it will bear the civil action arising from the delicit or crime. However there's an exception to that rule and that is when the offended party:
1. Waives the civil action
2. Reserve his right or file a separate civil action;
3. Institutes a civil action prior to the criminal action.

When it comes to reservation to file a separate action, the jurisprudence stated that it can be implied but may not be necessarily expressed. It can be inferred not only to the acts of the offender but also to the acts other than those of the latter. If the courts failed to pronounce the judgement as a civil liability it can be considered as as reservation of the right to separate civil action. The period of the reservation can be made only before the prosecution starts presenting an evidence. When it comes to the effect of reserving a right to separate a civil action, the running of prescription will be interrupted, thus it will not continue to run or to commence.

There are some cases when a reserving a separate civil action will not be applied. These are a criminal action from violating BP 22, a claim arising from an offense which is under by Sandiganbayan and a tax cases.

It can institute a separate civil action individually if the case is defamation, fraud or physically injury m

When it comes to primacy of crimial case over civil case, the criminal action is deemed suspended if the civil action is filed in court before the criminal action, thus it can be last until the final judgement of civil action has been rendered by the judge.

The extinction of of the penal action does not extinguish the civil action. However if the accused is not the author of the crime and it only based on reasonable doubt then it cab labeled as an exception.

As a general rule, if the accused dies after the arraignment the civil liability will be extinguish. The exception of this is if the civil case files is independent civil action.

A prejudicial question can be determined if the criminal action will be taken place unless the civil action is determined with the finality of the court. The elements of prejudicial question are:
1. The civil action must instituted prior to the criminal action.
2. The civil action involves san similar or intimately related to the issue raised in the subsequent criminal action.
3. The resolution of such issue determines whether or not the criminal action may be proceed.

The assumption of the guilty of the accused can be determined if the final judgement on civil action is already rendered.

[delacruzmarie-an]

Good day po Attorney! Dela Cruz, Marie-An B. from 3C3. This is the topics that I learned from the discussion:
PROSECUTION OF CIVIL ACTIONS RULE 111

Rule on Implied Institution of Civil Action with Criminal Action General Rule: “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: When the offended party;

Waives the civil action;
Reserves his right to file a separate civil action; or 3, Institutes a civil action prior to the criminal action (Sec Rule 111).

Reservation to file a separate action Jurisprudence instructs that the reservation may not be necessarily expressed but may be implied, which may be inferred not only from the acts of the offended party but also from acts other than those of the latter (Herrera, 2007).

Note: Failure of the court to pronounce judgment as to the civil liability amounts to the reservation of the right to a separate civil action (Ibid.).

Period when reservation of the right to file civil action be made The reservation of the right to institute separately the Civil action shall be made before the prosecution presenting the evidence, and under circumstances affording the offended party a reasonable opportunity to make the reservation (Sec../ (2), Rule ill).

[jmsempio]

THANK YOU SIR DONE WATCHING
SEMPIOJOSEMARI C 3C3
THESE ARE LESSON IVE LEARNED:

GENERAL RULE- The institution or filling of the criminal action includes institution therein of the civil action of recovery of civil liability arising offense charged these are the exceptions,
When the offended party:
*waives the civil action
*reserves his right to file a separate civil action or,
*institute a civil action prior to the criminal action

And also instaces when civil action may proceed independently
1. Arising from breach of contract
2. Independent civil actin or those based on arts 32, 33, 34 of article 2176 of the Ncc or quasi -delict