Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless __________________ . | Unless (1) the offended party waives the civil action, (2) reserves the right to institute it separately or (3) institutes the civil action prior to the criminal action. (SEC. 1) |
| [2] When should the reservation of the right to institute separately the civil action be made? | (1) before the prosecution starts presenting its evidence and (2) under circumstances affording the offended party a reasonable opportunity to make such reservation. (SEC. 1) |
| [3] Complete the following: When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees therefor shall constitute a ____________________. | When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees therefor shall constitute a first lien on the judgment awarding such damages. |
| [4] Complete the following: 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 the subject thereof may be _________________. | 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 the subject thereof may be litigated in a separate civil action. |
| [5] Complete the following: Where the civil action has been filed separately and trial thereof has not yet commenced, it may be _____________________. If the application is granted, the trial of both actions shall proceed in accordance with section 2 of this Rule governing consolidation of the civil and criminal actions. (cir. 57-97) | Where the civil action has been filed separately and trial thereof has not yet commenced, it may be consolidated with the criminal action upon application with the court trying the latter case. If the application is granted, the trial of both actions shall proceed in accordance with section 2 of this Rule governing consolidation of the civil and criminal actions. (cir. 57-97) |
| [6] Complete the following: SEC. 2. When separate civil action is suspended.—After the criminal action has been commenced, the separate civil action arising therefrom 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 ___________________. The suspension shall last until ___________________. | If the 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. |
| [7] Complete the following: 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 ____________________ in the criminal case and of the parties to __________. The consolidated criminal and civil actions shall be tried and decided jointly. | 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 witnesses 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. |
| [8] Complete the following: During the pendency of the criminal action, the running of the period of prescription of the civil action which ___________ or whose __________ shall be tolled. | During the pendency of the criminal action, the running of the period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled. |
| [9] Complete the following: 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 ____________________. | 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. |
| [10] Complete the following: 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 require only a ______________. In no case, however, may the offended party recover damages _____________________. | 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 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. |
| [11] What is the consequence if the accused dies after arraignment and during the pendency of the criminal action? | The civil liability arising from the delict will be extinguished. However, the independent civil action instituted under section 3 of this Rule or which thereafter is instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused after proper substitution or against said estate, as the case may be. The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. (SEC. 4) |
| [12] What if the accused dies before arraignment? | The case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased. (SEC. 4) |
| [13] Complete the following: SEC. 5. Judgment in civil action not a bar.—A final judgment rendered in a civil action absolving the defendant from civil liability is ___________________. | SEC. 5. Judgment in civil action not a bar.—A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action. |
| [14] The criminal action is pending in court. When can the petition to suspend by reason of prejudicial question be filed? | At any time before the prosecution rests. (SEC. 6) |
| [15] What are the elements of a prejudicial question? | The elements of a prejudicial question are: (a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and (b) the resolution of such issue determines whether or not the criminal action may proceed. (SEC. 7) |