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Christina Naya Satira SUUM JUS SUMMA INJURIA the abuse of a right is the greatest possible wrong Action In Rem Verso (Art. 22) action for the recovery of what has been paid without just cause. Action is only subsidiary Can only be availed of if there is no other remedy to enforce it based on contract, quasi contract, crime or quasi delict. Could no longer have recourse to this action if the plaintiff delayed his action and prescription had barred the action. Not necessary that the payment be made by mistake, could have been made knowingly and voluntarily, but nevertheless, there would be recovery of what has been paid.

brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes.

Suspension Of Civil Action Sec. 2. When separate civil action is suspended. After the criminal action has been commenced, the separate civil action arising there from 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 state it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action. Nevertheless, before judgment on the merits 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 case of consolidation, the evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witness presented by the offended party in the criminal case and of the parties to present additional evidence. The consolidated criminal and civil actions shall be tried and decided jointly. During the pendency of the criminal action, the running period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled. The extinction of the penal action does not carry with it extinction of the civil action. However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist.

REQUISITES: 1. That the defendant has been enriched. 2. That the plaintiff has suffered loss 3. That the enrichment of the defendant is without just or legal ground. 4. That the plaintiff has no other action based on contract, quasi contract, crime or quasi delict.

SOLUTIO INDEBITI payment was made by mistake, which is an essential element to maintain the action for recovery. Civil Actions A civil action is a type of legal proceeding, which is not criminal in nature, brought by a person or an entity that has been harmed is typically brought for the purpose of resolving private legal issues that arise between people, businesses, or other entities.

WHEN IS THE SUSPENDED?

SEPARATE

CIVIL

ACTION

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> After the criminal action has been commenced, the separate civil action arising there from cannot be instituted until final judgement 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 state it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action. > Nonetheless, the civil action may be consolidate with the criminal action at any time before judgment on the merits upon motion of the offended party with the court trying the criminal action > The evidence presented at the civil action shall be deemed reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witness presented by the offended party in the criminal case and of the parties to present additional evidence. The consolidated criminal actions shall be tried and decided jointly > ONLY EXCEPTION: a prejudicial question arising in a previously filed civil action should be resolved first ARE THE INDEPENDENT CIVIL ACTIONS ALSO DEEMED SUSPENDED WITH THE FILING OF THE CRIMINAL ACTION? > No, only the civil action arising from the crime under Article 100 of the RPC is suspended > The independent civil actions are not suspended and may continue even if the criminal action has been instituted > However, the offended party may not recover twice from the same act > He should only get the bigger award Art. 29, 30 and 35 Art. 29. When the accused in criminal prosecution is acquitted 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. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. (2) If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. - Proof beyond Reasonable Doubt amount of proof which forms an abiding moral certainty that the accused committed the crime charged. NOT absolute certainty, BUT such degree of proof is more exacting than what is needed in a civil case, which is: - Preponderance of Evidence as a whole, evidence adduced by one side outweighs that of the adverse party. Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. - quantum of evidence still merely preponderance of evidence, even if the civil action arose from a criminal offense Art. 35. 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 Code or any special law, but the justice of 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. Such civil action shall be supported by preponderance of evidence. On the defendants motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. (2)If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings. - Reservation of Civil Action - shall be made before the prosecution starts presenting its evidence and other circumstances affording the offended party a reasonable opportunity to make such reservation. EXCEPT BP 22 (criminal action for violation of BP 22 shall be deemedto include the

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corresponding civil action. No reservation to file such civil action separately shall be allowed. - When separate civil action is suspended. IF 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. BUT, nevertheless, 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. (shall be tried and decided jointly.) ***- Extinction of penal action does not carry with it extinction of the civil action. However, the civil action based on delict may be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist. - When civil action may proceed independently shall only require preponderance of evidence. (art 32,33,34 and 2176 of civil code). In no case however, may the offended party recover damages twice for the same act or omission charged in the criminal action. - Effect of Death on Civil Actions Death of accused after arraignment will extinguish civil liability arising from the delict. However, when civil action may proceed independently (preceding paragraph), it may continue against the estate or legal representative of the accused after proper substitution or against said estate, or heirs to substitute the deceased, and guardian for minor heirs. - Judgment in civil action not a bar. Absolved defendant in a civil action, is not a bar to a criminal action against the defendant. require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action. WHAT ARE THE INDEPENDENT CIVIL ACTIONS? > The independent civil actions are those provided in Articles 32, 33, 34 and 2176 of the Civil Code > They may proceed independently of the criminal action and shall require only a preponderance of evidence > This is the principle of independent civil actionsit can proceed independently from the criminal action. Nonetheless, the offended party may not have double recovery. The offended party only gets the bigger award.

Art. 31 to 34 Art. 31. When the civil action is based on an obligation not 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. - if civil action arose not from a felony quasidelict act or omission which causes damage to another, there being fault or negligence, if there is no pre-existing contractual relation between the parties. - Does not provide for an independent civil action. - Culpa aquiliana (quasi delict)having had its own foundation and indivuality, separate from criminal negligence, against quasi-delito (cupla extra-contractual) or criminal negligence - Also applies to culpa contractual- distinct from criminal action instituted based on criminal negligence. This is governed by Civil Code, and not those of Revised Penal Code, and it being entirely separate and distinct from criminal action, the same may be instituted and prosecuted independently of, and regardless of the result of the latter. Art. 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:

Independent Civil Actions INDEPENDENT CIVIL ACTIONS Sec. 3. When civil action may proceed independently. In the cases provided in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall

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act or omission constitutes a violation of the Penal Code or other penal statute. - For effective maintenance of democracy for these reasons: *** in most cases, threat to freedom originates from abuses or power of government officials and peace offices, most are left without redress because fiscal is overburdened, or cant prosecute a fellow public official (high ranking) *** quantum of evidence required for a criminal action is proof beyond reasonable doubt which often prevents appropriate punishment. ***Direct and open violations of the Penal Code trampling upon the freedoms named are not so frequent as those subtle, clever and indirect ways which do not come within the pale of the penal law. These, which are not criminally punishable, are greatest dangers to which democracy clies. - respondeat superior principal and agent, or master and servant. No respondeat superior between superior officers of the military and their subordinates. - May be directly or indirectly - Public accountability - Good faith is not a defense. It is enough that there was a violation of the constitutional rights of the plaintiffs and it is not required that defendants should have acted with malice or bad faith. The wrong may be civil or criminal. To make good faith material is to defeat the main purpose of article 32 which is that effective protection of individual rights. Art. 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. - RATIONALE: to allow the citizen to enforce his rights in a private action brought by him, regardless of the action of the State attorney. In a criminal prosecution, the complainant is the State. The injured individual is the one most concerned because it is he who has suffered directly. He should be permitted to demand reparation for the wrong which peculiarly affects him.

1. Freedom of Religion 2. Freedom of Speech 3. Freedom to write for he press or to maintain a periodical publication 4. Freedom from arbitrary or illegal detention 5. Freedom from 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 equal protection of the laws 9. The right to be secure in ones 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 free from involuntary servitude of 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 ones 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 or 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 defendants act or omission constitute 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 or 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

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- Criminal Negligence, not included in the provision. The law penalizes the negligent act or careless act, but not the result thereof. Art. 34. 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 therefore. The civil action herein recognized shall be independent of any criminal proceedings and a preponderance of evidence shall suffice to support such action. Prejudicial Questions (Art. 36) must first be resolved before the criminal case is tried. promulgate and which shall not be in conflict with the provisions of this Code. - Precedence. The general rule is that where both a civil and criminal case arising from the same facts are filed in court, the criminal case takes precedence. EXCEPTION: if there is a prejudicial question one that arises in a case, the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. There are always 2 cases involved, civil and criminal. The criminal case is always suspended because the issues in the civil is determinative of the outcome of the criminal case. - Two essential elements of a prejudicial question: ***The civil action involved an issue similar or intimately related to the issue raised in the criminal action *** The resolution of such issue determined whether or not the criminal action may proceed.

is one based on a fact distinct and separate from the crime but so intimately connected with it that determines the guilt or innocence of the accused, and for it to suspend the criminal action. It must appear not only that said case involves facts intimately related to those upon which the criminal prosecution would be based but also that in the resolution of the issue/s raised in the civil case, determines the guilt or innocence of the accused would necessarily be determined. Is that which just precede the criminal action, that which requires a decision before final judgement is rendered on the principal question with which said question is closely connected. Arise in a case, the resolution of which question is a logical antecedent of the issue involved in said case, the cognizance of which pertains to another tribunal.

WHAT IS THE RULE REGARDING PREJUDICIAL QUESTIONS? > In case the civil action was instituted ahead of the criminal action, the same shall be suspended in whatever stage it may be found and before judgment is the merits upon commencement of the criminal action WHEN IS AN ACTION FOR ANNULMENT OF MARRIAGE PREJUDICIAL TO A BIGAMY CASE? > An action for annulment of marriage is prejudicial to a bigamy case only if the accused in the bigamy charge is also the one asking for annulment of the second (bigamous marriage based on vitiation of consent) > This is because in such a case, if the court declares that the partys consent is indeed vitiated and annuls the marriage, then it would mean that the party didnt willingly commit the crime of bigamy

RATIONALE : To avoid two conflicting decisions. Art. 36. Prejudicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by the rules of court which the Supreme Court shall

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> It would thus be determinative of the guilt and innocence of the accused IS AN ACTION FOR NULLITY BECAUSE OF ARTICLE 36 A PRELIMINARY QUESTION OF ADULTERY? > No, what is important is the fact that the marriage still subsisted during the commission of the crime of adultery IS AN ACTION FOR LEGAL SEPARATION A PRELIMINARY QUESTION ON CONCUBINAGE? > No, in legal separation, the marriage bond is not severed and thus, it doesn't matter if the legal separation was granted or not

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