RULE 111 to file such civil action separately shall be

allowed.
Prosecution of Civil Action
Upon filing of the aforesaid joint criminal and
Section 1. Institution of criminal and civil
civil actions, the offended party shall pay in
actions. — (a) When a criminal action is
full the filing fees based on the amount of the
instituted, the civil action for the recovery of
check involved, which shall be considered as
civil liability arising from the offense charged
the actual damages claimed. Where the
shall be deemed instituted with the criminal
complaint or information also seeks to recover
action unless the offended party waives the
liquidated, moral, nominal, temperate or
civil action, reserves the right to institute it
exemplary damages, the offended party shall
separately or institutes the civil action prior to
pay additional filing fees based on the
the criminal action.
amounts alleged therein. If the amounts are
The reservation of the right to institute not so alleged but any of these damages are
separately the civil action shall be made subsequently awarded by the court, the filing
before the prosecution starts presenting its fees based on the amount awarded shall
evidence and under circumstances affording constitute a first lien on the judgment.
the offended party a reasonable opportunity
Where the civil action has been filed
to make such reservation.
separately and trial thereof has not yet
When the offended party seeks to enforce commenced, it may be consolidated with the
civil liability against the accused by way of criminal action upon application with the court
moral, nominal, temperate, or exemplary trying the latter case. If the application is
damages without specifying the amount granted, the trial of both actions shall proceed
thereof in the complaint or information, the in accordance with section 2 of this Rule
filing fees thereof shall constitute a first lien governing consolidation of the civil and
on the judgment awarding such damages. criminal actions. (cir. 57-97)

Where the amount of damages, other than Section 2. When separate civil action is
actual, is specified in the complaint or suspended. — After the criminal action has
information, the corresponding filing fees shall been commenced, the separate civil action
be paid by the offended party upon the filing arising therefrom cannot be instituted until
thereof in court. final judgment has been entered in the
criminal action.
Except as otherwise provided in these Rules,
no filing fees shall be required for actual If the criminal action is filed after the said civil
damages. action has already been instituted, the latter
shall be suspended in whatever stage it may
No counterclaim, cross-claim or third-party be found before judgment on the merits. The
complaint may be filed by the accused in the suspension shall last until final judgment is
criminal case, but any cause of action which rendered in the criminal action. Nevertheless,
could have been the subject thereof may be before judgment on the merits is rendered in
litigated in a separate civil action. (1a) the civil action, the same may, upon motion of
(b) The criminal action for violation of Batas the offended party, be consolidated with the
Pambansa Blg. 22 shall be deemed to include criminal action in the court trying the criminal
the corresponding civil action. No reservation action. In case of consolidation, the evidence
already adduced in the civil action shall be
deemed automatically reproduced in the accused may be substituted for the deceased
criminal action without prejudice to the right of without requiring the appointment of an
the prosecution to cross-examine the executor or administrator and the court may
witnesses presented by the offended party in appoint a guardian ad litem for the minor
the criminal case and of the parties to present heirs.
additional evidence. The consolidated
The court shall forthwith order said legal
criminal and civil actions shall be tried and
representative or representatives to appear
decided jointly.
and be substituted within a period of thirty
During the pendency of the criminal action, (30) days from notice.
the running of the period of prescription of the
A final judgment entered in favor of the
civil action which cannot be instituted
offended party shall be enforced in the
separately or whose proceeding has been
manner especially provided in these rules for
suspended shall be tolled. (n)
prosecuting claims against the estate of the
The extinction of the penal action does not deceased.
carry with it extinction of the civil action.
If the accused dies before arraignment, the
However, the civil action based on delict shall
case shall be dismissed without prejudice to
be deemed extinguished if there is a finding in
any civil action the offended party may file
a final judgment in the criminal action that the
against the estate of the deceased. (n)
act or omission from which the civil liability
may arise did not exist. (2a) Section 5. Judgment in civil action not a bar.
— A final judgment rendered in a civil action
Section 3. When civil action may proceeded
absolving the defendant from civil liability is
independently. — In the cases provided for in
not a bar to a criminal action against the
Articles 32, 33, 34 and 2176 of the Civil Code
defendant for the same act or omission
of the Philippines, the independent civil action
subject of the civil action. (4a)
may be brought by the offended party. It shall
proceed independently of the criminal action Section 6. Suspension by reason of
and shall require only a preponderance of prejudicial question. — A petition for
evidence. In no case, however, may the suspension of the criminal action based upon
offended party recover damages twice for the the pendency of a prejudicial question in a
same act or omission charged in the criminal civil action may be filed in the office of the
action. (3a) prosecutor or the court conducting the
preliminary investigation. When the criminal
Section 4. Effect of death on civil actions. —
action has been filed in court for trial, the
The death of the accused after arraignment
petition to suspend shall be filed in the same
and during the pendency of the criminal
criminal action at any time before the
action shall extinguish the civil liability arising
prosecution rests. (6a)
from the delict. However, the independent civil
action instituted under section 3 of this Rule Section 7. Elements of prejudicial question.
or which thereafter is instituted to enforce — The elements of a prejudicial question are:
liability arising from other sources of (a) the previously instituted civil action
obligation may be continued against the involves an issue similar or intimately related
estate or legal representative of the accused to the issue raised in the subsequent criminal
after proper substitution or against said action, and (b) the resolution of such issue
estate, as the case may be. The heirs of the
determines whether or not the criminal action suspended until the criminal case
may proceed. (5a) reaches a final judgment.
 If the civil case is filed first, it must be
suspended until the criminal case
Summary of Rule 111: Prosecution of Civil
reaches a final judgment. However, the
Action in the Philippine Rules of Court
offended party may ask for
Section 1: Institution of Criminal and Civil consolidation of the civil and criminal
Actions actions before the criminal trial begins.

 When a criminal case is filed, the  The statute of limitations for the civil
corresponding civil action for case is paused during the pendency of
recovering civil liability arising from the the criminal action.
offense is automatically included,
 Even if the criminal case is dismissed,
unless the offended party chooses to
the civil action may still proceed if the
waive it, reserves the right to file it
criminal court finds that the act causing
separately, or files it first.
the civil liability did not happen.
 The offended party can reserve the
Section 3: Independent Civil Action
right to file a separate civil action
before the prosecution presents  In certain cases (e.g., Articles 32, 33,
evidence in the criminal case. 34, and 2176 of the Civil Code), the
offended party may file an independent
 In cases where the civil liability
civil action, which is separate from the
involves moral, nominal, temperate, or
criminal action. This type of case
exemplary damages, the offended
requires only a preponderance of
party must pay filing fees when these
evidence and may proceed
amounts are specified, and these fees
independently of the criminal case.
will be a lien on the judgment.
However, damages cannot be awarded
 No filing fees are required for actual twice for the same act or omission.
damages.
Section 4: Effect of Death on Civil Actions
 The accused cannot file counterclaims,
 If the accused dies after arraignment
cross-claims, or third-party complaints
but before the criminal case concludes,
in the criminal case; these must be
the civil liability arising from the crime
pursued in a separate civil action.
is extinguished. However, independent
 In cases involving Batas Pambansa civil actions, or those based on other
Blg. 22 (Bad Checks Law), the civil obligations, may still proceed against
action is automatically included with the deceased's estate or legal
the criminal action, and no separate representative.
civil case may be filed.
 If the accused dies before arraignment,
Section 2: Suspension of Separate Civil the criminal case is dismissed, but the
Action offended party can file a civil case
against the estate.
 If a separate civil action is filed after
the criminal case has started, it is Section 5: Judgment in Civil Action Not a
Bar
  A final civil judgment that absolves the
defendant from civil liability does not
prevent the criminal case from
proceeding for the same act or
omission.
Section 6: Suspension Due to Prejudicial
Question
 A petition to suspend a criminal case
due to a "prejudicial question" (an
issue in a civil case that affects the
criminal case) may be filed. This
petition can be filed at any point before
the prosecution rests in the criminal
case.
Section 7: Elements of Prejudicial
Question
 A prejudicial question exists when:
1. The civil case involves an issue
closely related to the issue in
the criminal case.
2. The resolution of the civil case
will determine whether the
criminal case can proceed.
Overall, Rule 111 addresses how civil actions
relate to criminal cases, emphasizing that civil
actions arising from criminal offenses are
often consolidated with the criminal cases
unless specified otherwise, and it outlines
procedures for dealing with related issues like
the death of the accused or the filing of
prejudicial questions.