Casupanan v. Laroya, G.R. No.

145391, August 26, 2002

Questions:

1. Can a person file a civil case under ARTS 32, 33, 34 and 2176 without the need
of reservation?
2. What about if a civil case has already instituted and subsequently a criminal
case is also instituted, is the civil case suspended?
3. Can an accused, in a criminal case, file an independent civil action?

1. Under Rule 111, Section 1 of the Rules of Court:

Institution of criminal and civil actions - 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 offended party waives the civil
action, reserves the right to institute it separately or institute the civil action prior to
the criminal action.

The reservation of the right to institute separately the civil action shall be
made before the prosecution starts presenting its evidence..

Where civil action has been filed separately and trial thereof has not yet
commenced, it may be consolidated with the criminal action upon application
(approved by the court)

Under the above provision, there is no question that what is “deemed instituted”
with the criminal action is only the civil action ex delicto. All other civil action
under ARTS 32, 33, 34 and 2176 of the Civil Code are no longer “deemed
instituted” and may be filed separately and independently without the need of
reservation in the criminal action. The failure to reserve in the Independent Civil
action is not a waiver of the right to file such independent civil action.

2. Under Rule 111, Section 2 of the Rules of Court:

When separate civil action suspended - after the criminal action has been
commenced, the separate civil action arresting therefrom cannot be instituted until
final judgment of the criminal action.

If the criminal action is filed after the said civil action has already been
instituted, the latter shall be suspended in whatever stage.

It is clear that the civil case mentioned in Section 2 of Rule 111 pertains to civil case
ex delicto. Therefore, it does not affect those independent civil action, because, they
are civil cases separate and independent of the criminal action.

3. Yes, they can validly institute a separate civil action against the private
complainants.
Under Rule 111 Section 1 par 6 : 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 subject thereof may be litigated in a separate civil action

As construed, the accused is barred from filing a counter-claim, cross-claim or

third party complaint that are connected with the criminal case such as those
civil case ex delicto deemed instituted. BUT, the accused may file these in a
separate civil action which shall proceed independently of the criminal action,
even as the civil action of the offended party is litigated in the criminal action.