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damage.
HUMAN RELATIONS (n)
Art. 29. When the accused in a 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
Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, omission may be instituted. Such action requires only a preponderance of evidence. Upon
act with justice, give everyone his due, and observe honesty and good faith. 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.
Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another,
shall indemnify the latter for the same. 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
Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary the decision whether or not the acquittal is due to that ground.
to morals, good customs or public policy shall compensate the latter for the damage.
Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal
Art. 22. Every person who through an act of performance by another, or any other means, offense, and no criminal proceedings are instituted during the pendency of the civil case, a
acquires or comes into possession of something at the expense of the latter without just or preponderance of evidence shall likewise be sufficient to prove the act complained of.
legal ground, shall return the same to him.
Art. 31. When the civil action is based on an obligation not arising from the act or omission
Art. 23. Even when an act or event causing damage to another's property was not due to the complained of as a felony, such civil action may proceed independently of the criminal
fault or negligence of the defendant, the latter shall be liable for indemnity if through the act proceedings and regardless of the result of the latter.
or event he was benefited.
Art. 32. Any public officer or employee, or any private individual, who directly or indirectly
Art. 24. In all contractual, property or other relations, when one of the parties is at a obstructs, defeats, violates or in any manner impedes or impairs any of the following rights
disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, and liberties of another person shall be liable to the latter for damages:
tender age or other handicap, the courts must be vigilant for his protection.
(1) Freedom of religion;
Art. 25. Thoughtless extravagance in expenses 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 (2) Freedom of speech;
government or private charitable institution.
(3) Freedom to write for the press or to maintain a periodical publication;
Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his
neighbors and other persons. The following and similar acts, though they may not constitute a (4) Freedom from arbitrary or illegal detention;
criminal offense, shall produce a cause of action for damages, prevention and other relief:
(5) Freedom of suffrage;
(1) Prying into the privacy of another's residence:
(6) The right against deprivation of property without due process of law;
(2) Meddling with or disturbing the private life or family relations of another;
(7) The right to a just compensation when private property is taken for public use;
(3) Intriguing to cause another to be alienated from his friends;
(8) The right to the equal protection of the laws;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place
of birth, physical defect, or other personal condition. (9) The right to be secure in one's person, house, papers, and effects against unreasonable
searches and seizures;
Art. 27. 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 (10) The liberty of abode and of changing the same;
damages and other relief against he latter, without prejudice to any disciplinary
administrative action that may be taken. (11) The privacy of communication and correspondence;
Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor (12) The right to become a member of associations or societies for purposes not contrary to
through the use of force, intimidation, deceit, machination or any other unjust, oppressive or law;
(13) The right to take part in a peaceable assembly to petition the government for redress of require the plaintiff to file a bond to indemnify the defendant in case the complaint should be
grievances; found to be malicious.
(14) The right to be free from involuntary servitude in any form; 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
(15) The right of the accused against excessive bail; proceedings.
(16) The right of the accused to be heard by himself and counsel, to be informed of the Art. 36. Pre-judicial questions which must be decided before any criminal prosecution may be
nature and cause of the accusation against him, to have a speedy and public trial, to meet the instituted or may proceed, shall be governed by rules of court which the Supreme Court shall
witnesses face to face, and to have compulsory process to secure the attendance of witness in promulgate and which shall not be in conflict with the provisions of this Code.
his behalf;
(17) Freedom from being compelled to be a witness against one's 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 and unusual punishment, unless the same is
imposed or inflicted in accordance with a statute which has not been judicially declared
unconstitutional; and
In any of the cases referred to in this article, whether or not the defendant's 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. Such civil action shall
proceed independently of any criminal prosecution (if the latter be instituted), and mat 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 act or omission
constitutes a violation of the Penal Code or other penal statute.
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.
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
therefor. The civil action herein recognized shall be independent of any criminal proceedings,
and a preponderance of evidence shall suffice to support such action.
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 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 complaint
may bring a civil action for damages against the alleged offender. Such civil action may be
supported by a preponderance of evidence. Upon the defendant's motion, the court may
****EXPLANATIONS**** a judge is not correct in his legal conclusions, his judicial actuations cannot be regarded as
grave misconduct, unless the contrary sufficiently appears.
CHAPTER 2
A party injured by filing of a court case against him, even if he is later on absolved, may file a
HUMAN RELATIONS case for damages grounded either on the principle of abuse of rights, or on malicious
prosecution. Regarding the latter, it is well-settled that one cannot be held liable for
maliciously instituting a prosecution where one has acted with probable cause. (“Probable
Article 19. EVERY PERSON MUST, IN THE EXERCISE OF HIS RIGHTS AND IN THE
Cause” is the existence of such facts and circumstances as would excite the belief, in a
PERFORMANCE OF HIS DUTIES, ACT WITH JUSTICE, GIVE EVERYONE HIS DUE, AND OBSERVE
reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person
HONESTY AND GOOD FAITH.
charged was guilty of the crime for which he was prosecuted.)
Article 20. EVERY PERSON WHO, CONTRARY TO LAW, WILLFULLY OR NEGLIGENTLY CAUSES
There is nothing wrong in preventively suspending an officer prior to the hearing of formal
DAMAGE TO ANOTHER, SHALL INDEMNIFY THE LATTER FOR THE SAME
charges against him as long as there are reasonable grounds to believe his guilt. This is to
prevent his office from hampering the normal course of the investigation.
Willful or Negligent Acts
The article punishes acts whether done willfully or negligently. As per Article 2176 of the Civil
Can There Be An Action for Breach of Promise to Marry?
Code, “Whoever by act or omission causes damage to another, there being fault or
1. For the recovery of actual damages, YES. Thus, if a teacher resigns from her position
negligence, is obliged to pay for the damage done.”
because of a ma’s promise to marry her, she can recover indemnity for damages if later on
the promise is not fulfilled.
Torts
2. Recovery of Moral Damages
- a private or civil wrong or injury, other than breach of contract, for which the court will
- the Supreme Court held that under the Civil Code, there can be no recovery of moral
provide a remedy in the form of an action for damages.
damages for a breach of promise to marry. However, if there be seduction (act of man
enticing woman to have unlawful intercourse with him by means of persuasion, solicitation,
promises, bribes, or other means without employment of force), moral damages may be
When No Action for Damages Would Prosper
recovered under Article 2219, paragraph 3 of the Civil Code. The court, however, implied that
- if someone be damaged, he does not necessarily have the right to be indemnified. It is
if there be moral seduction as distinguished from criminal seduction, there MAY BE a grant of
essential that some rights of his be impaired.
moral damages, possibly under Article 21. However, if it was the woman who virtually
seduced the man, or if there was “mutual lust” then there can be no recovery of moral
When Judiciary Can Interfere in Decisions of Religious Tribunals
damages.
- Civil Courts, according to the Highest Tribunal, have jurisdiction to inquire into the
3. Sue for ACTUAL damages, should there be any, such as the expenses for the wedding
jurisdiction of religious tribunals and the regularity of their procedure; and may even subject
preparations.
their decisions to the test of fairness or to the test furnished by the Constitution and laws of
the Church. However, civil courts cannot pass upon the abandonment of faith by a member of
When there has been NO carnal knowledge, there may be an action for actual and moral
the church nor upon restatement of articles of religion since these are unquestionably
damages under CERTAIN conditions, as when there has been deliberate desire to inflict loss or
ecclesiastical matters which are outside the province of the civil courts.
injury, or when there has been an evident abuse of a right. Thus, a man who deliberately fails
to appear at the altar during the scheduled wedding simply because it was his intention to
embarrass or humiliate the girl no doubt inflicts irreparable injury to her honor and
Article 21. ANY PERSON WHO WILLFULLY CAUSES LOSS OR INJURY TO ANOTHER IN A
reputation, wounds her feelings, and leads the way for her possible social ostracism. The girl
MANNER THAT IS CONTRARY TO MORALS, GOOD CUSTOMS OR PUBLIC POLICY SHALL
ins such a case can recover not only actual but also moral and exemplary damages.
COMPENSATE THE LATTER FOR THE DAMAGE.
Breach of Promise of Employment
Article 21 Distinguished from Article 20
- in order that an action for breach of promise of employment may succeed, nothing short of
1. In Article 21, the act is contrary to morals, good customs or public policy. In Article 20, the
an actual, clear, and positive promise on the part of the prospective employer must be shown
act is contrary to law.
by competent evidence. His unjustified hopes, perhaps inspired by courteous dealings of the
2. In Article 21, the act is done willfully (“Willful” means not merely voluntary but with a bad
other party, do not constitute a promise of employment whose breach is actionable at law.
purpose). In Article 20, the act is done either willfully or negligently.
Sexual Harassment
“Misconduct” - implies a wrongful intention and not mere error of of judgment. Thus, even if
- RA 7877 is an act declaring sexual harassment unlawful in the employment, education or rights of person under disability, such as the insane and tine incompetent.
training environment.
Meaning of “Vigilant for His Protection”
-Sexual harassment is committed in two kinds of environments, namely: - the phrase in general means that in case of doubt, the doubt must be resolved in favor of
1. Work Related (e.g., hiring, reemployment, promotion of employees); and the underdog.
2. Education or training (e.g., in case of a student - giving of a passing grade by the offender- Ex. If undue influence intervenes in a will, the will is void; if in a contract, the contract is
teacher or the granting of honors/scholarships. voidable.
Article 22. EVERY PERSON WHO THROUGH AN ACT OF PERFORMANCE BY ANOTHER, OR ANY Inadmissibility of Confessions Obtained through Coercion
OTHER MEANS, ACQUIRES OR COMES INTO POSSESSION OF SOMETHING AT THE EXPENSE OF - a confession obtained through coercion, whether physical, mental, or emotional is
THE LATTER WITHOUT JUST OR LEGAL GROUND, SHALL RETURN THE SAME TO HIM. inadmissible.
Essential Requisites of an “Accion in Rem Verso” Who Can Bring The Action
1. One party must be enriched and the other made poorer. - Only a charitable institution (whether government or private) may bring the action.
2. There must be a casual relation between the two.
3. The enrichment must not be justifiable (so if the law itself allows the enrichment, of if the Article 26. EVERY PERSON SHALL RESPECT THE DIGNITY, PERSONALITY, PRIVACY AND PEACE
enrichment results from a contract or from the impoverished person’s own negligence, there OF MIND OF HIS NEIGHBORS AND OTHER PERSONS. THE FOLLONG AND SIMILAR ACTS,
can be no recovery). THOUGH THEY MY NOT CONSTITUTE CRIMINAL FFENCE, SHALL PRODUCE A CAUSE OF
4. There must be no other way to recover (so if, for example, a tort action or a quasi-contract ACTION FOR DAMAGES, PREVENTION AND OTHER RELIEF:
is proper, it is not necessary to file a claim in rem verso.
5. The indemnity cannot exceed the loss or enrichment, whichever is less. 1. PRYING INTO THE PRIVACY OF ANOTHER’S RESIDENCE;
2. MEDDLING WITH OR DISTURBING THE PRIVATE LIFE O FAMILY RELATIONS OF ANOTHER;
Article 23. EVEN WHEN AN ACT OR EVENT CAUSING DAMAGE TO ANOTHER’S PROPERTY WAS 3. INTRIGUING TO CAUSE ANOTHER TO BE ALIENATED FROM HIS FRIENDS;
NOT DUE TO THE FAULT OR NEGLIGENCE OF THE DEFENDANT, THE LATTER SHALL BE LIABLE 4. VEXING OR HUMILIATING ANOTHER ON ACCOUNT OF HIS RELIGIOUS BELIEFS, LOWLY
FOR INDEMNITY IF THROUGH THE ACT OR EVENT HE WAS BENEFITED. STATION IN LIFE, PLACE OF BIRTH, PHYSICAL DEFECT, OR OTHER PERSONAL CONDITION.
Article 30. WHEN A SEPARATE CIVIL ACTION IS BROUGHT TO DEMAND CIVIL LIABILITY 4. FREEDOM FROM SUFFRAGE;
ARISING FROM A CRIMINAL OFFENSE, AND NO CRIMINAL PROCEEDINGS ARE INSTITUTED
DURING THE PENDENCY OF THE CIVIL CASE, A PREPONDERANCE OF EVIDENCE SHALL 5. THE RIGHT AGAINST DEPRIVATION OF PROPERTY WITHOUT DUE PROCESS OF LAW;
LIKEWISE BE SUFFICIENT TO PROVE THE ACT COMPLAINED OF.
6. THE RIGHT TO A JUST COMPENSATION WHEN PRIVATE PROPERTY IS TAKEN FOR PUBLIC
Article 31. WHEN THE CIVIL ACTION IS BASED ON AN OBLIGATION NOT ARISING FROM THE USE;
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 7. THE RIGHT TO THE EQUAL PROTECTION OF THE LAWS;
LATTER.
8. THE RIGHT TO BE SECURE IN ONE’S PERSON, HOUSE, PAPERS, AND EFFECTS AGAINST
Meaning of “Independent Civil Action” UNREASONABLE SEARCHES AND SEIZURES;
- An independent civil action is one that is brought distinctly and separately from a criminal
case allowed for considerations of public policy, because the proof needed for civil cases is 9. THE LIBERTY OF ABODE AND OF CHANGING OF THE SAME;
less than that required for criminal cases; but with the injunction in general that success in
financially recovering in one case should prevent a recovery of damages in the other. It should 10. THE PRIVACY OF COMMUNICATION AND CORRESPONDENCE;
be noted that the bringing of the independent civil action is permissive, not compulsory.
11. THE RIGHT TO BECOME A MEMBER OF ASSOCIATIONS OR SOCIETIES FOR PURPOSES
Instances When the Law Grants an Independent Civil Action NOT CONTRARY TO LAW;
1. Article 32 - (breach of constitutional and other rights)
2. Article 33 - (defamation, fraud, physical injuries) 12. THE RIGHT TO TAKE PART IN A PEACEABLE ASSEMBLY TO PETITION THE GOVERNMENT
3. Article 34 - (refusal or failure of city or municipal police to give protection) FOR REDRESS OR GRIEVANCES;
4. Article 2177 - (quasi-delict or culpa aquiliana)
13. THE RIGHT TO BE FREE FROM INVOLUNTARY SERVITUDE IN ANY FORM;
Scope of Article 31 (Obligation Not Arising From a Crime)
- Article 31 contemplates a case where the obligation does not arise from a crime, but from 14. THE RIGHT OF THE ACCUSED AGAINST EXCESSIVE BAIL;
some other act - like a contract or a legal duty.
15. THE RIGHT OF THE ACCUSED TO BE HEART BY HIMSELF AND COUNSEL, TO BE INFORMED
Examples: OF THE NATURE AND CAUSE OF THE ACCUSATION AGAINST HIM, TO HAVE A SPEEDY AND
1. A civil complaint for separation of property can continue even if a criminal action for PUBLIC TRIAL, TO MEET THE WITNESSES FACE TO FACE, AND TO HAVE COMPULSORY
concubinage is subsequently filed. PROCESS TO SECURE THE ATTENDANCE OF WITNESS IN HIS BEHALF;
must be in the presence of and assistance of counsel. The waiver of this right, if the waiver is
16. FREEDOM FROM BEING COMPELLED TO BE A WITNESS AGAINST ONE’S SELF, OR FROM to be valid, should be in writing and must be made in the presence of his counsel.
BEING FORCES TO CONFESS GUILT, OR FROM BEING INDUCED BY A PROMISE OF IMMUNITY
OR REWARD TO MAKE SUCH CONFESSION EXCEPT WHEN THE PERSON CONFESSING Scope
BECOMES A STATE WITNESS; It should be noted that the following can be made liable:
1. Any public officer or employee
17. FREEDOM FROM EXCESSIVE FINES, OR CRUEL AND UNUSUAL PUNISHMENT, UNLESS THE 2. Any private individual even if he be in good faith; the precise purpose of the Article is to
SAME IS IMPOSE OR INFLICTED IN ACCORDANCE WITH A STATUTE WHICH HAS NOT BEEN eliminate the defense of good faith, otherwise the main reason for the Article would be lost.
JUDICIALLY DECLARED AS UNCONSTITUTIONAL; AND
Note: A civil action against a public official would mean that the defendant is not the state,
18. FREEDOM OF ACCESS TO TH COURTS. but the public officer involved. Hence, the consent of the state is not required.
IN ANY OF THE CASES REFERRED TO IN THIS ARTICLE, WHETHER OR NOT THE DEFENDANT’S Reason for the Creation of an Independent Civil Action under Article 32
ACT OR OMISSION CONSTITUTES A CRIMINAL OFFENSE, THE AGGRIEVED PARTY HAS A RIGHT 1. Sometimes the fiscal (prosecutor) is afraid to prosecute fellow public officials, and the
TO COMMENCE AN ENTIRELY SEPARATE AND DISTINCT CIVIL ACTION FOR DAMAGES, AND citizen may be left without redress.
FOR OTHER RELIEF. SUCH CIVIL ACTION SHALL PROCEED INDEPENDENTLY OF ANY CRIMINAL 2. Even when the fiscal (prosecutor) files a criminal case, still said case requires proof of guilt
PROSECTION (IF THE LATTER BE INSTITUTED), AND MAY BE PROVED BY A PREPONDERANCE beyond reasonable doubt, a requirement much harder to comply with than mere
OF EVIDENCE.. preponderance of evidence.
3. There are many unconstitutional acts which are not yet made crimes. The remedy for this is
THE INDEMNITY SHALL INCLUDE MORAL DAMAGES. EXEMPLARY DAMAGES MAY ALSO BE clearly a civil action.
ADJUDICATED.
Article 33. IN CASE OF DEFAMATION, FRAUD, AND PHYSICAL INJURIES, A CIVIL ACTION FOR
THE RESPONSIBILITY HEREIN SET FORTH IS NOT DEMANDABLE FROM A JUDGE UNLESS HIS DAMAGES, ENTIRELY SEPARATE AND DISTINCT FROM THE CRIMINAL ACTION, MAY BE
ACT OR OMISSION CONSTITUTES A VIOLATION OF THE PENAL CODE OR OTHER PENAL BROUGHT BY THE INJURED PARTY. SUCH CIVIL ACTION SHALL PROCEED INDEPENDENTLY OF
STATUTE. THE CRIMINAL PROSECUTION, AND SHALL REQUIRE ONLY A PREPONDERANCE OF
EVIDENCE.
The “cardinal primary” requirements of due process in administrative proceedings are:
1. The right to a hearing which includes the right to present one’s case and submit evidence to Article 33 speaks of:
support thereof; 1. Defamation (or libel or slander or intrigue against honor)
2. The tribunal must consider the evidence presented; 2. Fraud (or estafa or swindling)
3. The decision must have something to support itself; 3. Physical injuries including consummated, frustrated and attempted homicide, murder,
4. The evidence must be substantial, which means such evidence as a reasonable mind must parricide, infanticide - so long as there was physical injury.
accept as adequate to support a conclusion;
5. The decision must be based on the evidence presented at the hearing, or at least contained Note: A separate civil action for damages based on injuries arising from reckless driving should
in the record and disclosed to the parties affected; be dismissed if the driver-accused had been acquitted in the criminal action on the ground that
6. The tribunal or body or any of its judges must act on its or his own independent he was not negligent the entire mishap being a “pure accident”. Article 33 does not refer to
consideration of the law and facts of the controversy, and not simply accept the views of a unintentional acts or those without malice.
subordinate; and
7. The board or body should in all controversial questions, render its decisions in such manner Article 34. WHEN A MEMBER OF A CITY OR MUNICIPAL POLICE FORCE REFUSES OR FAILS TO
that the parties to the proceeding can know the various issues involved, and the reason for RENDER AID OR PROTECTION TO ANY PERSON IN CASE OF DANGER TO LIFE OR PROPERTY,
the decision rendered. SUCH PEACE OFFICER SHALL BE PRIMARILY LIABLE FOR DAMAGES, AND THE CITY OR
MUNICIPALITY SHALL BE SUBSIDIARILY RESPONSIBLE THEREFOR. THE CIVIL ACTION HEREIN
Note: Article 32, which renders any public officer or employee or any public individual liable in RECOGNIZED SHALL BE INDEPENDENT OF ANY CRIMINAL PROCEEDINGS, AND A
damages for violation the constitutional rights and liberties of another, as enumerated PREPONDERANCE OF EVIDENCE SHALL SUFFICE TO SUPPORT SUCH ACTION.
therein, does not exempt military officials and offices from responsibility.
Note: This Article does not grant to the government the defense of due diligence in the
Note: In a custodial investigation, if an accused makes an extrajudicial confession the same selection and supervision of the policemen.
case.
Does the Article apply to the Philippine National Police (PNP) Force and to National - the Supreme Court defined it as one which arises in a case, the resolution of which question
Government? - NO. is a logical antecedent of the issues involved in said case and the cognizance of which pertains
to another tribunal.
Article 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 Two Elements:
THIS CODE OR ANY SPECIAL LAW, BUT THE JUSTICE OF THE PEACE FINDS NO REASONABLE 1. The prejudicial question must be determinative of the case before the Court;
GROUNDS TO BELIEVE THAT A CRIME HAS BEEN COMMITTED, OR THE PROSECUTING 2. Jurisdiction to try said question must be lodged in another tribunal
ATTORNEY REFUSES OR FAILS TO INSTITUTE CRIMINAL PROCEEDINGS, THE COMPLAINANT
MAY BRING A CIVIL ACTION FOR DAMAGES AGAINST THE ALLEGED OFFENDER. SUCH CIVIL For a civil case to be considered prejudicial to a criminal action, as to cause the suspension of
ACTION MAY BE SUPPORTED BY A PREPONDERANCE OF EVIDENCE. UPON THE the latter pending the final determination of the former, it must appear not only that the civil
DEFENDANT’S MOTION, THE COURT MAY REQUIRE THE PLAINTIFF TO FILE A BOND TO case involves the same facts upon which the criminal prosecution would be based, but also
INDEMNIFY THE DEFENDANT IN CASE THE COMPLAINT SHOULD BE FOUND TO BE that in the resolution of the issues raised in said civil action, the guilt or innocence of the
MALICIOUS. accused would necessarily be determined.
IF DURING THE PENDENCY OF THE CIVIL ACTION AN INFORMATION SHOULD BE PRESENTED A prejudicial question is a question which is based on a fact distinct and separate from the
BY THE PROSECUTING ATTORNEY, THE CIVIL ACTION SHALL BE SUSPENDED UNTIL THE crime but so intimately connected with it that its resolution is determinative of the guilt of
TERMINATION OF THE CRIMINAL PROCEEDINGS. innocence of the accused.
1. Cause of action – an act or omission by which a party violates the right of another
1. The party joining the causes of action shall comply with the rules on joinder of
parties;
2. The joinder shall NOT include special civil action or actions governed by special
rules;
3. Where the causes of action are between the same parties but pertain to different
venues or jurisdiction, the joinder may be allowed in the RTC provided one of the
causes of action falls within the jurisdiction of the RTC and the venue lies therein;