Civil Liability Arising from Criminal Proceedings: An Overview

Chapter 1

It details how civil liability arising from a crime (civil liability ex delicto) is handled in relation to the criminal proceeding, as well as the rules for independent civil actions and prejudicial questions.

One. Implied Institution of Civil Action (Section One)

When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged is deemed instituted with it. This rule ensures that the two actions are merged into a single proceeding to avoid multiplicity of suits.

Exceptions: The civil action is not impliedly instituted if the offended party: one, waives the civil action, two, reserves the right to institute it separately, or three, institutes the civil action prior to the criminal action.

No Counterclaims: The accused cannot file a counterclaim, cross-claim, or third-party complaint within the criminal case; these must be litigated in a separate civil action.