ARTICLE 21.

Any person who wilfully causes loss or injury to another in

a manner that is contrary to morals, good customs or public policy shall
compensate the latter for the damage.
What are those damages? You have 6: MENTAL or MANTLE !oral,
"#emplary, $ominal, %emperate, Actual and &i'uidated.
(n both instances, whether it is contrary to laws or contrary to morals. )..
you are entitled to damages *
+f course, you ,now very well that a mere breach of promise to marry is not
an actionable wrong, unless actual e#penses were incurred or the act was meant
to embarrass or to humiliate the other person such as enunciated in the case of:
WASSMER vs. VELEZ (Dec. 26, 1964)
%he man had a change of mind. -abi niya we will not go through with the
wedding. ( am going bac, to .agayan. %hen, after that, he sent a telegram to
the fianc/e and said that the wedding will push through. -o, the bride0to0be
ordered her wedding gown, wedding invitations were sent out and there was
already a downpayment made. When the wedding date arrived, he did not
arrive.
(n that case, the -upreme .ourt said while a mere breach of promise to
marry is not an actionable wrong, but to formally set a wedding and go through
all the preparation and publicity, only to wal, out of it when the matrimony is
about to be solemni1ed, is 'uite different. %his is palpably and unjustifiably
contrary to good customs for which defendant must be held answerable in
damages in accordance with Article 23.
And of course, aside from that, there is this payment for actual damages if
you have already incurred e#penses. -uch as what happened in the case of
Wassmer, not only moral but also actual damages. 4ut being actual, it must be
proved. (n the absence of proof but there are e#penses, temperate damages can
be as,ed. $o longer actual damages. $ominal damages can only be as,ed for
the vindication of a right. &i'uidated can only be as,ed if it is agreed upon by the
parties.
%here is this case of:
BUENAVENTURA vs. CA (Mac! "1, 2##$)
(f the marriage is terminated by reason of psychological incapacity of one of
the spouses, is the aggrieved spouse or the psychologically capacitated spouse
entitled to damages?
%hat was the issue in the case of Buenaventura vs. CA, where the husband
was not actually ready for marriage. 5e does not want to get married in short.
4ut the parents pushed him to get married. What he did was to court a woman
and pretend that he was in love with the woman. When they got married and had
a child, he could no longer relate to the child as well as to the wife. 5e does not
want, in fact, his marriage to wor,. "very time they would 'uarrel, he would
leave the house, instead of the woman leaving the house. (n one of their
'uarrels, he finally left the conjugal home and refused to reconcile with the wife.
%here was now this case. When the wife testified, according to her, the
very act of the husband caused her serious an#iety, mental anguish, besmirched
reputation, sleepless nigh, etc. and therefore, she is entitled to damages. (s she
correct?
(f you are going to note Article 23, it says willfully causes loss or injury to
another in a manner that is contrary to morals, good customs or public policy.
(n this case, the -upreme .ourt said it must be noted that Article 23 states
that the individual must willfully cause loss or injury to another. %here is a need
that the act is willful and hence done in complete freedom.
(t is contradictory to characteri1e acts as a product of psychological
incapacity, and therefore, beyond the control of the incapacitated party because
of his psychological incapacity, because of his innate inability to comply with the
essential marital obligations of marriage, and at the same time considering the
same set of acts as willful. 4y declaring $oel as psychologically incapacitated,
the possibility of awarding moral damages on the same set of facts was negated
because it is not willful on the part of $oel not to comply with the essential marital
obligations of marriage.
(n short, if the marriage is terminated by reason of psychological incapacity,
then, there can be no award for damages.
%he award of moral damages should be predicated, not on the mere act of
entering into the marriage, but on specific evidence that it was done deliberately
and with malice by a party who had ,nowledge of his disability and yet willfully
concealed the same. %his is not true when one is psychologically incapacitated.
ARTICLE 22. "very person who through an act of performance by
another, or any other means, ac'uires or comes into possession of so mething at
the e#pense of the latter without just or legal ground, shall return the same to
him.
Article 22 is %&'%s( e&)c!*e&(.
As we have learned in first year, this is not the same as solutio indebiti
because here, there is no mista,e. (n solution indebiti, there is payment or
delivery by mista,e.
"#ample of those acts that would fall under Article 22 is payment for goods
more than its value and you ,now that it is in e#cess of its value. -o, the buyer
can demand for the return of the e#cess.
%here is unjust enrichment when:
3. A person is unjustly benefited
2. -uch benefit is derived at the e#pense of or with damages to another.
06endition of service not included.
Action in 6em 7erso this action is for the recovery of what has been paid
without just cause. (t can only be availed of if there is no other remedy to enforce
it based on contract, 'uasi0contract, crime or 'uasi0delict.
8rescription0 could no longer have recourse to this action.
Action in 6em 7erso vs -olutio (ndebiti
Action in 6em 7erso -olutio (ndebiti
$ot necessary the payment is made
by mista,e
!ade by !(-%A9".
.ould be made 7+&:$%A6(&Y and
9$+W($;&Y
6e'uisites for Action in 6em 7erso
3. %hat the defendant had been enriched
2. %hat the plaintiff has suffered a loss
<. %hat the enrichment of the defendant is without just or legal ground.
=. %hat the plaintiff has no other action based on contract, 'uasi0contract
crime, or 'uasi0delict.
%here is this case of
RE+UBLIC vs. LACA+ (Mac! 2, 2##,)
&acap is a contractor operating under the business name of .arwin
.onstruction. And the award of the bidding that was conducted by the >istrict
"ngineer of 8ampanga for the rehabilitation of -itio ? 4ahay 8are, he won the
bidding.
After finishing the concreting of -itio ? 4ahay 8are, the office of >istrict
"ngineer of -an @ernando, 8ampanga, accepted the completed wor, and in fact,
issued a .ertificates of @inal (nspection and @inal Acceptance.
-o, &acap now demanded for the payment of the wor,. 4ut .+A
disapproved the final release for the payment of the wor, that was made by
&acap on the ground that his license as a contractor had already e#pired when
he entered into the contract with the >8W5 of the >istrict "ngineer of
8ampanga.
What the >istrict "ngineer of 8ampanga did was to refer the matter to the
>8W5 &egal >epartment. %he lawyer opined that there was nothing under
6epublic Act =?66 that prevents the payment of the completed wor, even if the
contractorAs license has already e#pired. (t did not declare it void but rather, it
merely provided for certain penalties.
$evertheless, the >istrict "ngineer refused to yield to the advice of the
lawyer. Again, he re'uested a clarification from the same &egal >epartment.
And again, the &egal >epartment issued the same opinion and ordered the
>istrict "ngineer to pay &acap. 4ut no payment was made.
-o, &acap now was forced to file an action or complaint, against the >istrict
"ngineer for specific performance. (s he entitled to payment?
%he -upreme .ourt said that the wordings of 6A $o. =?66 are clear. (t
does not declare, e#pressly or impliedly, as void contracts entered into by a
contractor whose license had already e#pired because it merely provided that the
use of an e#pired or revo,ed certificate or license, the person who used that shall
only be guilty of misdemeanor and shall upon conviction be sentenced to pay a
fine of not less than 8 ?BB but not more than 8?,BBB.
4esides, Article 22 of the .ivil .ode which embodies the ma#im Nemo ex
alterius incommode debet lecupletari )no man ought to be made rich out of
anotherAs injury*. %his article is part of the chapter of the .ivil .ode on 5uman
6elations, the provisions of which were formulated as Cbasic principles to be
observed for the rightful relationship between human beings and for the stability
of the social order.D
%o allow petitioner to ac'uire the finished project at no cost would
undoubtedly constitute unjust enrichment for the petitioner to the prejudice of
respondent.
-UNE 16
ARTICLE 2". "ven when an act or event causing damage to anotherEs
property was not due to the fault or negligence of the defendant, the latter shall
be liable for indemnity if through the act or event he was benefited.
Article 2< is based on e'uity. %he indemnity is based on e'uity. While the
act is considered to be involuntary, however, because he is enriched by reason
of such act, then, he is obliged to indemnify the person who has been prejudiced
by such involuntary act.
+f course, most authors would only cite one e#ample )( thin, yung a flood
drives AAs cattle to the land of 4 and 4As crop is destroyed by AAs cattle *.
Another e#ample here is there is this fire. %o prevent the fire from spreading, you
destroy the house which is before the other house. %hen, the house which has
been saved by reason of the destruction of the house is obliged to indemnify the
owner of the house that was destroyed because through such involuntary act, he
has been enriched.
ARTICLE 24. (n all contractual, property or other relations, when one of
the parties is at a disadvantage on account of his moral dependence, ignorance,
indigence, mental wea,ness, tender age or other handicap, the courts must be
vigilant for his protection.
Article 2= is anchored on the D.c()&e ./ +ae&s +a()ae, the inherent
power of the state to provide protection not only to the person but also to the
property of an incapacitated person.
ARTICLE 2$. %houghtless e#travagance in e#penses for pleasure or
display during a period of acute public want or emergency may be stopped by
order of the courts at the instance of any government or private charitable
institution.
%a,e note that Article 2? is only true during a period of acute public want or
emergency which we hope would not happen to the 8hilippines because this is
already happening in some other parts of the world. %hey became such because
of natural calamity.
%a,e note also that this can only be stopped, this display of e#travagance,
by the government or $;+, a charitable institution.
6e'uisites for filing A.%(+$ %+ -%+8 %5+:;5&"-- "F%6A7A;A$.".
3. %here is thoughtless e#travagance in e#penses
2. %he e#travagance is for pleasure or display
<. %here is a period of acute public want or emergency
=. %he case is filed in court by a governmental institution or private
charitable institution.
ARTICLE 26. "very person shall respect the dignity, personality,
privacy and peace of mind of his neighbors and other persons. %he following and
similar acts, though they may not constitute a criminal offense, shall produce a
cause of action for damages, prevention and other relief:
)3* 8rying into the privacy of anotherEs residenceG
)2* !eddling with or disturbing the private life or family relations of anotherG
)<* (ntriguing to cause another to be alienated from his friendsG
)=* 7e#ing or humiliating another on account of his religious beliefs, lowly
station in life, place of birth, physical defect, or other personal condition.
Article 26 came out in 3HII.
%hese are acts done by a third person, though they may not constitute a
criminal offense, however, they shall give rise to actions for damages, prevention
and other relief.
%hese are the = acts.
(nvasion of 8rivacy
0 :nwarranted appropriation or e#ploitation of oneAs personality
0 8ublici1ing oneAs private affairs with which the public has no legitimate
concern
0 Wrongful intrusion into oneAs private activities
3. 8rying into the privacy of anotherAs residence
o Act of intrusion, peering or peeping in'uisitively into the
residence of another without the consent of the latter
2. !eddling with or disturbing the private life or family relations of
another
o $o more affection that could be alienated0no damages
o 8erson who prevented the reconciliation of spouses0liable
for damages
<. Alienation from oneAs friends
=. 7e#ing or humiliating on account of his religious beliefs, lowly station
in life, place of birth, physical defect or other personal condition
o :nauthori1ed use of a picture
o :nwarranted notice of foreclosure
ARTICLE 2,. Any person suffering material or moral loss because a
public servant or employee refuses or neglects, without just cause, to perform his
official duty may file an action for damages and other relief against the latter,
without prejudice to any disciplinary administrative action that may be ta,en.
Article 2I refers to &.&/easa&ce, not doing of the public servant or
employee without just cause his official duty.
-o, aside from the damages, one can file before the +ffice of the
+mbudsman, depending on the position of the person.
6e'uisites for @iling an Action
3. A public servant refuses or neglects to perform his official duty
2. %here is no valid reason for the refusal or neglect to perform official
duty
<. %hat in'uiry or damage is suffered by the plaintiff
$ature of >uty000!($(-%"6(A&
!inisterial >iscretionary
%he law absolutely re'uire him to
perform it.
5e is not liable for his refusal to
perform.
;ood @aithJnot a defense
6eason: %he officer is under constant obligation to discharge the duties of his
office and it is not necessary to show that his failure to act was due to malice or
willfulness.
ARTICLE 20. :nfair competition in agricultural, commercial or industrial
enterprises or in labor through the use of force, intimidation, deceit or
machination or any other unjust, oppressive or high0handed method shall give
rise to a right of action by the person who thereby suffers damage.
$ow, letAs go to c)v)1 ac().&s a)s)&2 /.* c)*)&a1 .//e&ses. %his is
based on the principle that a person who is criminally liable is also civilly liable.
ARTICLE 29. When the accused in a criminal prosecution is ac'uitted on
the ground that his guilt has not been proved beyond reasonable doubt, a civil
action for damages for the same act or omission may be instituted. -uch action
re'uires only a preponderance of evidence. :pon motion of the defendant, the
court may re'uire the plaintiff to file a bond to answer for damages in case the
complaint should be found to be malicious.
(f in a criminal case the judgment of ac'uittal is based upon reasonable
doubt, the court shall so declare. (n the absence of any declaration to that effect,
it may be inferred from the te#t of the decision whether or not the ac'uittal is due
to that ground.
4ut Article 2H is not based on an independent civil action. 6ather, the
criminal case was dismissed because the guilt of the accused cannot be proved
beyond reasonable doubt. And there was no award for damages. %herefore, the
complainant or the offended party can institute a separate civil action for
damages which will only re'uire mere preponderance of evidence. 4ut the
defendant may move that the plaintiff shall file a bond to answer for damages if
the court finds that the complaint is found to be malicious.
-o, here there was this decision but the ac'uittal is not based on the fact
that he did not commit the crime but rather, his guilt cannot be proven beyond
reasonable doubt.
;enerally, under the rules, the civil action is deemed impliedly instituted
with the criminal proceedings for those civil actions arising from the felonious act
itself.
%he e#ceptions where no civil liability shall arise are the following:
3. %he facts from which the civil action is based did not e#ist
2. %he accused did not commit the crime
<. %hat no crime e#isted
4ut prescription of the criminal action does not bar the filing of civil action.
%he e#ception to the rule that the civil action is deemed impliedly instituted
in the criminal proceeding is when:
3. The complainant or offended party files a separate civil action or
makes a reservation
%he reservation is to be made at any time before the prosecution starts to
present its evidence and affording the complainant sufficient opportunity to file
the civil action.
-uppose the complainant had been injured and has to be hospitali1ed. 5e
is given sufficient opportunity to institute a separate civil action, even if the
prosecution has already started to present its evidence.
2. If the offended party waives the riht to institute a separate civil action
<. If civil action is filed prior to filin of criminal action.
%he e#ception to the e#ception: 6eservations of civil actions arising from
violations of 48 22 shall not be allowed or recogni1ed. %his is the e#ception to
the rule where the offended party may file a separate civil action for damages
because he has independently instituted it or he has made a reservation.
4ut if it is based on the criminal offense of 48 22, you cannot institute a
separate civil action for damages nor are you allowed to ma,e a reservation. (t is
always deemed impliedly instituted with the criminal proceedings.
Ac'uittal which 4A6- .(7(& A.%(+$
3. %he accused is not the author of the crime
2. $o crime e#isted
<. When the ac'uittal is based on pure innocence and not on reasonable
doubt.
=. (f there is a finding that in a final judgment in the criminal action that
the act or omission from which the civil liability may arise did not e#ist.
Ac'uittal which >+"- $+% 4A6 .(7(& A.%(+$
3. %he liability of the accused is not criminal but only civil
2. %he liability is not derived from or based on the criminal act of which
the accused is ac'uitted, civil action will still prosper,
<. when the action is based on 'uasi0delict, it is not barred.
=. When the ac'uittal is based on reasonable doubt.
0 8rescription will not bar the filing of a civil actionJdismissal of criminal
case based on 8rescription otherwise, the injured party will be
prejudiced.
>ependent .ivil Action (ndependent .ivil Action
(f not reserved0 deemed impliedly
instituted with the criminal action.
(f reserved0 may be prosecuted
independently
.an proceed simultaneously and
separately from the criminal action
regardless of the outcome of the
criminal offense.
%he civil action is suspended and
should await the outcome of the
criminal case.
.ourt must be informed of the filing or pendency of the independent civil
actionJthis will guide both prosecutor and the judge so that the evidence
tending to establish the civil liability of the accused should not be
considered during the trial, as this will be immaterial to the criminal case.
$ow, the actions that do not re'uire reservation are what we call as
INDE+ENDENT CIVIL ACTI3NS.
ARTICLE "1. When the civil action is based on an obligation $+% arising
from the act or omission complained of as a felony, such civil action may proceed
independently of the criminal proceedings and regardless of the result of the
latter.
Although Article <3 is not e#actly an independent civil action, it is only such
because the civil action is not based on the act or omission that is complained of
as a felony, but from other sources of obligations such as law, contracts, 'uasi0
contracts and 'uasi0delicts not based on the act or omission complained of as
a felony but on some other sources of obligations.
"ven if the criminal action is based on estafa, but the civil action is based
on the breach of contract, the civil action based on the breach of contract can
proceed independently of the estafa case because it is not based on the
felonious act but on another source of obligation, which is contract.
"#. 0&egal obligation to return the money malversed
0-uit based on 'uasi delict.
ARTICLE <2. 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:
)3* @reedom of religionG
)2* @reedom of speechG
)<* @reedom to write for the press or to maintain a periodical publicationG
)=* @reedom from arbitrary or illegal detentionG
)?* @reedom of suffrageG
)6* %he right against deprivation of property without due process of lawG
)I* %he right to a just compensation when private property is ta,en for
public useG
)K* %he right to the e'ual protection of the lawsG
)H* %he right to be secure in oneEs person, house, papers, and effects
against unreasonable searches and sei1uresG
)3B* %he liberty of abode and of changing the sameG
)33* %he privacy of communication and correspondenceG
)32* %he right to become a member of associations or societies for
purposes not contrary to lawG
)3<* %he right to ta,e part in a peaceable assembly to petition the
;overnment for redress of grievancesG
)3=* %he right to be free from involuntary servitude in any formG
)3?* %he right of the accused against e#cessive bailG
)36* %he 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 behalfG
)3I* @reedom from being compelled to be a witness against oneEs self, or
from being forced to confess guilt, or from being induced by a promise of
immunity or reward to ma,e such confession, e#cept when the person
confessing becomes a -tate witnessG
)3K* @reedom from e#cessive fines, or cruel and unusual punishment,
unless the same is imposed or inflicted in accordance with a
statute which has not been judicially declared unconstitutionalG and
)3H* @reedom of access to the courts.
(n any of the cases referred to in this article, whether or not the defendantEs
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. -uch civil action shall proceed independently of any criminal
prosecution )if the latter be instituted*, and may be proved by a preponderance of
evidence.
%he indemnity shall include moral damages. "#emplary damages may also
be adjudicated.
%he responsibility herein set forth is not demandable from a judge unless
his act or omission constitutes a violation of the 8enal .ode or other penal
statute.
;ood @aith not a defense.
8urpose: %o provide sanction to the deeply cherished rights and freedom
enshrined in the constitution.
Ludges are "#empted:if by performing their duties in good faith000e#cept when
act or omission constitutes a vaiolation of the penal code.
$ow, aside from Article <3 is Article <2, on violations of oneAs civil liberty,
whether direct or indirect, committed by a public officer or employee or by a
private individual, such as what has been decided in the case of:
M4+ 5ARMENTS vs. CA ( Se6(. 2, 1994)
(n this case, the private respondent said that C( cannot be held liable for
damages because it was the members of the defunct 8hilippine .onstabulary
who made the raid. And we were not the ones who confiscated the 4oy -cout
8araphernalia, but the members of the defunct 8hilippine .onstabulary.D
%he -upreme .ourt said that the law says Cwhether directly or indirectly and
committed by a private individualD. (n that case, they were the ones who went to
the office of the 8hilippine .onstabulary and complained that there is this another
store that was selling 4oy -cout paraphernalia which is in violation of the
agreement between the 4oy -couts of the 8hilippines and !58 ;arments, who
is supposed to be the only distributor of 4oy -cout uniforms.
Without being armed with a warrant, they raided the place and subse'uent
to that, a civil action for damages was filed.
ARTICLE "4. 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 therefor. %he civil action herein
recogni1ed shall be independent of any criminal proceedings, and a
preponderance of evidence shall suffice to support such action.
%a,e note that Article <= refers to a member of a municipal or city police
force. Although, there is now a doubt to whether can this still be applied today
inasmuch as the policemen are already under the control and supervision of the
8hilippine $ational 8olice.
&iability: 8rimary if insolvent, the city or municipality is subsidiarily liable.
ARTICLE "". (n cases of 7e/a*a().&, /a%7, and 6!8s)ca1 )&'%)es, a
civil action for damages, entirely separate and distinct from the criminal action,
may be brought by the injured party. -uch civil action shall proceed
independently of the criminal prosecution, and shall re'uire only a
preponderance of evidence.
%hose under Article << on fraud, defamation and physical injury.
%a,e note that the physical injury must be intentionally committed because
if this is committed through rec,less imprudence, it should no longer fall under
Article << but under Article 23I6.
T!e 6!8s)ca1 )&'%8 )s %se7 )& )(s 2e&e)c (e*. +!8s)ca1 )&'%)es 9.%17
)&c1%7e !.*)c)7e a&7 *%7e :eca%se (!)s )s %se7 )& )(s 2e&e)c
s6ec)/)ca().&.
$ew 6ule: Article << applies to injuries not intentionally committed.
ARTICLE 21,6. Whoever by act or omission causes damage to another,
there being fault or negligence, is obliged to pay for the damage done. -uch fault
or negligence, if there is no pre0e#isting contractual relation between the parties,
is called a 'uasi0delict and is governed by the provisions of this .hapter. )3HB2a*
%he number four independent civil action is Article 23I6 on 'uasi0delicts.
%he physical injuries under Article << must be intentionally committed,
otherwise, it would fall under Article 23I6.
N. Reseva().& C1a%se
$o reservation is necessary for one to institute a separate civil action for
damages under the new rules. (t is given retroactive effect by the courts. (t will
apply to cases still pending as enunciated by the -upreme .ourt in the cases of
CASU+ANAN vs. LAR3;A and CANCI3 vs. ISI+.
CASU+ANAN vs. LAR3;A (A%2. 26, 2##2)
<ACTS= %wo vehicles, one driven by &aroya and the other was owned by
.apitulo and driven by .asupanan, figured in an accident. &aroya filed a criminal
case against .asupanan for rec,less imprudence resulting in damage to property
while .asupanan and .apitulo filed a civil case against &aroya for 'uasi0delict.
When the civil case was filed, the criminal case was then at its preliminary
investigation stage. &aroya, filed a motion to dismiss the civil case on the ground
of forum0shopping considering the pendency of the criminal case. %he !.%.
dismissed the civil case. .asupanan and .apitulo insisted that the civil case is a
separate civil action which can proceed independently of the criminal case.
ISSUE= Whether or not an accused in a pending criminal case for rec,less
imprudence can validly file, simultaneously and independently, a separate civil
action for 'uasi0delict against the private complainant in the criminal case
4ELD= %here is no forum0shopping in the instant case because the law and the
rules e#pressly allow the filing of a separate civil action which can proceed
independently of the criminal action.
&aroya filed the criminal case for rec,less imprudence resulting in damage
to property based on the 6evised 8enal .ode while .asupanan and .apitulo
filed the civil action for damages based on Article 23I6 of the .ivil .ode.
Although these two actions arose from the same act or omission, they have
different causes of action. %he criminal case is based on culpa criminal
punishable under the 6evised 8enal .ode while the civil case is based on culpa
a'uiliana actionable under Articles 23I6 and 23II of the .ivil .ode.
Any aggrieved person can invo,e these articles provided he proves, by
preponderance of evidence, that he has suffered damage because of the fault or
negligence of another. "ither the private complainant or the accused can file a
separate civil action under these articles. %here is nothing in the law or rules that
state only the private complainant in a criminal case may invo,e these articles.
-ince the present 6ules of .ourt re'uire the accused in a criminal action to
file his counterclaim in a separate civil action, there can be no forum0shopping if
the accused files such separate civil action.
-ection 3, 6ule 333 of the 3HK? 6ules on .riminal 8rocedure, as amended
in 3HKK, allowed the filing of a separate civil action independently of the criminal
action provided the offended party reserved the right to file such civil action.
:nless the offended party reserved the civil action before the presentation of the
evidence for the prosecution, all civil actions arising from the same act or
omission were deemed Cimpliedly institutedD in the criminal case. %hese civil
actions referred to the recovery of civil liability ex!delicto, the recovery of
damages for 'uasi0delict, and the recovery of damages for violation of Articles
<2, << and <= of the .ivil .ode on 5uman 6elations.
:nder -ection 3 of the present 6ule 333, what is Cdeemed institutedD with
the criminal action is only the action to recover civil liability arising from the crime
or ex!delicto. All the other civil actions under Articles <2, <<, <= and 23I6 of the
.ivil .ode are no longer Cdeemed instituted,D and may be filed separately and
prosecuted independently even without any reservation in the criminal action.
%he failure to ma,e a reservation in the criminal action is not a waiver of the right
to file a separate and independent civil action based on these articles of the .ivil
.ode. %he prescriptive period on the civil actions based on these articles of the
.ivil .ode continues to run even with the filing of the criminal action. 7erily, the
civil actions based on these articles of the .ivil .ode are separate, distinct and
independent of the civil action Cdeemed institutedD in the criminal action.
:nder the present 6ule 333, the offended party is still given the option to
file a separate civil action to recover civil liability e#0delicto by reserving such
right in the criminal action before the prosecution presents its evidence. Also, the
offended party is deemed to ma,e such reservation if he files a separate civil
action before filing the criminal action. (f the civil action to recover civil liability
ex!delicto is filed separately but its trial has not yet commenced, the civil action
may be consolidated with the criminal action. %he consolidation under this 6ule
does not apply to separate civil actions arising from the same act or omission
filed under Articles <2, <<, <= and 23I6 of the .ivil .ode.
A separate civil action, if reserved in the criminal action, could not be filed
until after final judgment was rendered in the criminal action. (f the separate civil
action was filed before the commencement of the criminal action, the civil action,
if still pending, was suspended upon the filing of the criminal action until final
judgment was rendered in the criminal action. %his rule applied only to the
separate civil action filed to recover liability ex!delicto. %he rule did not apply to
independent civil actions based on Articles <2, <<, <= and 23I6 of the .ivil .ode,
which could proceed independently regardless of the filing of the criminal action.
-ection < of the present 6ule 333 e#pressly allows the Coffended partyD to
bring an independent civil action under Articles <2, <<, <= and 23I6 of the .ivil
.ode. As stated in -ection < of the present 6ule 333, this civil action shall
proceed independently of the criminal action and shall re'uire only a
preponderance of evidence. (n no case, however, may the Coffended party
recover damages twice for the same act or omission charged in the criminal
action.D
%here is no 'uestion that the offended party in the criminal action can file an
independent civil action for 'uasi0delict against the accused. .learly, -ection <
of 6ule 333 refers to the offended party in the criminal action, not to the accused.
:nder -ection 3 of the present 6ule 333, the independent civil action in
Articles <2, <<, <= and 23I6 of the .ivil .ode is not deemed instituted with the
criminal action but may be filed separately by the offended party even without
reservation. %he commencement of the criminal action does not suspend the
prosecution of the independent civil action under these articles of the .ivil .ode.
%he suspension in -ection 2 of the present 6ule 333 refers only to the civil action
arising from the crime, if such civil action is reserved or filed before the
commencement of the criminal action.
%hus, the offended party can file two separate suits for the same act or
omission. %he first a criminal case where the civil action to recover civil liability
ex!delicto is deemed instituted, and the other a civil case for "uasi!delict 0 without
violating the rule on non0forum shopping. %he two cases can proceed
simultaneously and independently of each other. %he commencement or
prosecution of the criminal action will not suspend the civil action for "uasi!delict.
%he only limitation is that the offended party cannot recover damages twice for
the same act or omission of the defendant.
-imilarly, the accused can file a civil action for "uasi!delict for the same act
or omission he is accused of in the criminal case.
%hus, (!e c)v)1 ac().& :ase7 .& quasi-delict /)1e7 se6aa(e18 :8
Cas%6a&a& a&7 Ca6)(%1. )s 6.6e.
CANCI3 vs. ISI+ (N.ve*:e 12, 2##2)
<ACTS= .ancio filed < cases of violation of 48 22 and < cases of estafa against
(sip. %he criminal cases in violation of 48 22 were dismissed. %he prosecution
moved for the dismissal of the < cases of estafa. 5owever, the prosecution
reserved its right to file a separate civil action arising from the said criminal
cases.
.ancio filed the instant cases for collection of sum of money, see,ing to
recover the amount of the chec,s subjects of the estafa cases. (sip moved for
the dismissal thereof on the ground of res judicata, which was granted.
ISSUE= Whether or not the dismissal of the estafa against (sip bars the
institution of a civil action for collection of the value of the chec,s subject of the
estafa cases.
4ELD= .ancio sought to enforce (sipAs obligation to ma,e good the value of the
chec,s in e#change for the cash he delivered to (sip. .ancioAs cause of action is
(sipAs breach of contractual obligation. And independent civil action arising from
contracts, as in this case, may be filed separately and prosecuted independently
even without any reservation in the criminal action. $ot being deemed instituted
in the criminal action based on culpa criminal, a ruling on the culpability of the
offender will have no bearing on said independent civil action based on an
entirely different cause of action, such as culpa contractual.
Why? 4ecause these are mere procedural rules. %hey can be given
retroactive effect.
%he rule is that the e#tinction of the criminal liability does not carry with the
e#tinction of the civil liability, unless there has been no pronouncement yet as to
the guilt of the accused.
+ne of the cases is the very old case of:
+E3+LE vs. BA;3TAS (2"6 SCRA 2"9)
Where there was conviction, however, it went on appeal. +n appeal, the
accused died. -o, together with it, according to the -upreme .ourt, is also the
civil liability, the death of the civil liability because it has not been proven whether
4ayotas indeed committed the crime of rape. And the civil liability is based on
the felonious act, and therefore, it is also e#tinguished by the e#tinction of the
criminal liability.
4ut if it is based on a contract or some other sources of obligation, then,
there is no e#tinction of the civil action.
+E3+LE vs. BA;3TAS (2"6 SCRA 2"9)
%he death of the accused prior to final judgment terminates his criminal
liability and only the civil liability directly arising from and based solely on the
offense committed.
Where the civil liability survives )because it is predicated on a source of
obligation other than delictMcrime*, an action for recovery may be pursued but
only by way of filing a separate civil action. %his may be enforced against the
e#ecutorMadministrator or the estate of the accused, depending on the source of
obligation upon which the same is based.
%here is this case of:
<RIAS vs. SAN DIE53>SIS3N (A6)1 4, 2##,)
@rias entered into an agreement with -ison where -ison will buy the house
and lot of @rias for about 8 6.=!. %he agreement was for -ison to ma,e a
downpayment of 8 <! and the balance of 8 <.=! to be paid later. (t was agreed
that -ison is given 6 months within which to decide whether he would buy the
property or not. (n the meantime, while -ison will decide to buy the property or
not, @rias has the right to offer it to third persons.
And in the event that a third person would buy the property, @rias would
return the money to -ison with legal interest rate. 4ut if within the 60month
period, no buyer is interested and -ison is also not interested to buy the property,
@rias will return the 8 <! but the rate of interest will start on the 6
th
month. %hat
was the agreement. %he amount of 8 <! shall no be considered as a loan,
secured by the house and lot. %hat was the agreement.
(t showed that no buyer was interested. -ison li,ewise did not show
interest in buying the property. After 6 months, -ison demanded for the return of
the 8 <! of downpayment. $o return was made and subse'uently, she found
out @rias filed an affidavit claiming that the title to the property was lost and
prayed that she be issued a new title. 4ut actually, the title is in the possession
of -ison.
When -ison learned, she now filed a civil case against @rias. @rias moved
for the dismissal of the case on the ground that she was ac'uitted in the criminal
case for perjury and false testimony. According to her, inasmuch as she was
ac'uitted in the criminal case, therefore, there can be no more civil liability. %hat
was the argument.
According to the -upreme .ourt, the civil action is based on Article <3 and
not on the act or omission complained of as a felony, but some other sources of
obligation, which in the case at bar is the contract.
While the petitioner was ac'uitted in the false testimony and perjury cases,
those actions are entirely distinct from the collection of sum of money with
damages. (t is based on breach of contract.
ARTICLE "$. 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 .ode or any special law, but the justice of the 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.
-uch civil action for damages against the alleged offender. -uch civil action may
be supported by a preponderance of evidence. :pon the defendantAs motion, the
court may re'uire the plaintiff to file a bond to indemnify the defendant in case
the complaint should be found to be malicious.
(f during the pendency of the civil action, an information should be
presented by the prosecuting attorney, the civil action shall be suspended until
the determination of the criminal proceedings.
%he imposition of a bond would discourage the filing of a malicious
complaint.