2. Independent Civil Actions

WHEN CIVIL ACTION MAY PROCEED INDEPENDENTLY

General Rule: Independent civil actions under Articles 32, 33, 34 and 2176 of the Civil Code:

• May be brought by the offended party;
• Proceed independently of criminal action; and
• Require only a preponderance of evidence(Rule 111, Sec. 3).

Exception: A plaintiff cannot recover damages twice for the same act or omission of the defendant.

Purpose: To make the court’s disposition of the criminal case of no effect whatsoever on the separate civil case.

NOTE: This is subject to the rule prohibiting double recovery.

Definition

Independent civil actions refer to those provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines.

Purpose: To make the court’s disposition of the criminal case of no effect whatsoever on the separate civil case. Purpose is to enforce civil liability arising from the tort/quasi-delict

Updated: An independent civil action may proceed separately from the criminal case, but double recovery for the same act or omission is prohibited (Supreme Transportation Liner, Inc. v. San Andres, G.R. No. 200444, 15 August 2018).

Article 33, Civil Code

Cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action.