ART. 27 Public official/employee 1.

If the accused is not the author of the

crime
Requisites: 2. No crime existed, an action for damages
based on the same act or omission is
1. A public servant or employee refuses or barred
neglects to perform his official duty; 3. When the acquittal is based on PURE
2. There in no valid reason for the refusal or innocence and not on reasonable doubt
neglect to perform his duty
3. That injury or damage is suffered by the ACQUITTAL WHICH DOES NOT BAR CIVIL
plaintiff ACTION

COVERAGE: 1. The liability of the accused is not criminal

but only civil
Applies only to acts of nonfeasance, misfeasance 2. The civil liability is not derived from or
or malfeasance based on the criminal act of which the
accused is acquitted, civil action will still
Nonfeasance non performance of some acts
prosper
which the person is obliged to do 3. When the civil action is based on quasi
delict
Malfeasance doing of an act which a person
4. When the acquittal is based on reasonable
ought not to do at all
doubt
MISFEASANCE improper doing of an act which
!!! ARTICLE 29 refers to DEPENDENT CIVIL
a person might lawfully do.
ACTIONS
NATURE OF DUTY:
GR: A finding on the CIVIL LIABILITY should be
made in case of acquittal
For this article to be applicable, it should be
ministerial, the law absolutely requires him to
XPN: CLEAR SHOWING that the act from which
perform it.
civil liability might arise did not exist!
ART. 28 UNFAIR COMPETITION
DIFFERENCE OF CIVIL ACTION VS. INDEPENDENT
CIVIL ACTION
Consists in employing deception or any other
means contrary to good faith by which any person
Dependent, if not reserved will be deemed
shall pass off the goods manufactured by him or in
impliedly instituted with the criminal action. If
which he deals, or his business, or services for
reserved, the may be prosecuted independently
those of the one having established goodwill, or
like the independent civil actions but must await
committing any acts calculated to produce such
the outcome of the criminal case to which they are
result
dependent
TEST: whether certain good have been
Independent can proceed simultaneously and
intentionally clothed with an appearance which is
separately from the criminal action regardless of
likely to deceive the ordinary purchaser exercising
the outcome of the latter
ordinary care.
ART. 30 PREPONDERANCE OF EVIDENCE
ART. 29
Applicable to dependent civil action where no
KINDS OF ACQUITTAL
criminal action is prosecuted. In such a case
PREPONDERANCE of evidence is enough.
1. The guilt of the accused had not been
proved beyond reasonable doubt
During the pendency, if a criminal case will be
2. The accused is not the author of the crime
3. The crime complained of did not exist filed, then, the civil action will be suspended.

ACQUITTAL WHICH BARS CIVIL ACTION If the criminal action had already been instituted,
no civil action arising from the offense could be

Persons Reviewer by JA Olarte of PAVO | 1

prosecuted until final judgment has been rendered
in the criminal action.
NOTE! Reservation of the right to institute separate
civil action shall be made before the prosecution
starts presenting its evidence and under
circumstances affording the offended party a
reasonable opportunity to make such reservation.
ART. 31
Contemplates action which arises not from the act
or omission complained of as a felony. It arises
from some other acts such as contract or a suit
based on culpa contractual.
This may proceed independently.
ARTICLES COVERING INDEPENDENT CIVIL
ACTIONS! ARTICLE 32, 33, 34, 2176
ART. 32 Violation against rights and
liberties of another person
Who may be liable for DAMAGES?
Public officer or employee or any private individual
who DIRECTLY or indirectly OBSTRUCTS, DEFEATS,
VIOLATES or in any manner IMPEDES or IMPAIRS
any of the rights of another
Good faith is not a defense!
NOTE!
This article will not apply to JUDGES. They are
exempted from damages if by performing their
duties in good faith, they happen to violate or
impair the rights and liberties mentioned.
XPN TO THE XPN:
If the judges act or omission constitutes a
violation of the Penal Code or other penal statute,
the judge is liable for damages aside from criminal
liability.
Ex. ART. 204-207
ART. 33 DEFAMATION, FRAUD, PHYSICAL
INJURIES
A civil action for defamation, fraud, physical
injuries is entirely separate and distinct from the
criminal action and shall proceed independently of
the criminal prosecution
DEFAMATION is committed by means of writing,
printing, lithography, engraving, radio, etc..
FRAUD COVERS FOR ESTAFA OR SWINDLING
These are punishable Under Art. 315-318 of RPC.
When the basis of the civil action is fraud, both
crim and civil action may proceed independently.
PHYSICAL INJURIES Article 262-266 of the RPC.
It covers all kinds of Physical injuries including
attempted, frustrated or consummated homicide
*** Reckless imprudence and Negligence may be
included under this article
ART. 34
COVERAGE:
1. There is danger to the life or property of a
person
2. A member of a city or municipal police
force which is present in the scene refused
or failed to render aid or protection to the
person
3. Damages are cause wither to the person
and/or property of the victim
*** Liability of the officer is primary while the
municipality is subsidiarily liable
Art. 35
This article contemplates a situation where the act
or acts committed constitute a criminal offense
but there is no independent civil action authorized
by the Civil Code or any special law.
** Bond may be required incase the complaint
should be found to be malicious.
ART. 36 PREJUDICIAL QUESTION
A prejudicial question is one based on a fact
distinct and separate from the crime but so
intimately connected with it that it determines the
guilt or innocence of the accused.
RATIONALE: To avoid two conflicting decisions
Although it does not conclusively resolve the guilt
or innocence of the accused, it tests the sufficiency
of the allegations in the complaint or information in
order to sustain the further prosecution of the
criminal case
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ELEMENTS OF A PREJUDICIAL QUESTION:

a. The previously instituted civil action

involves an issue similar or intimately
related to the issue raised in the
subsequent criminal action
b. The resolution of such issue determines
whether or not the criminal action may
proceed

TEST TO DETERMINE THE EXISTENCE OF A

PREJUDICIAL QUESTION

It must appear that the civil case does not only

involve the same facts upon which the criminal
prosecution is based but alsa that the resolution of
the issues raised in civil action would necessarily
be determinative of the guilt or innocence of the
accused

When must it be raised?

- It can be raised even after arraignment or

during trial as long as it is raised before
the prosecutor rested its case

Who can raise prejudicial question?

Defendant!

May a prejudicial question be waived?

Yes!

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 CIVIL PERSONALITY ART. 37 JURIDICAL CAPACITY

Definition of Person (Juridical sense) Juridical vs Capacity to Act

- Refers to any being whether

natural or artificial susceptible of
legal rights and obligations JURIDICAL CAPACITY TO ACT

Inherent in every NOT; merely

human acquired upon
2 CLASSIFICATIONS fulfillment of certain
conditions or
NATURAL human beings requisites fixed by
law
JURIDICAL refers to entities created by
law or by a group or association of men Capacity to be the Capacity to do acts
for certain lawful purpose subject of legal with binding or
relations legal effect
3 STAGES OF PERSONALITY
Exists without Cannot exist
1. PRESUMPTINVE or PROVISIONAL
capacity to act without juridical
while in the womb of the mother
Lost through death Lost through
2. ACTUAL PERSONALITY after grounds other than
becoming a person death
3. ARTIFICIAL after death

JURIDICAL CAPACITY inherent in every

human being while CAPACITY TO ACT
STATUS the position of an individual in
is not; it is merely acquired upon
relation to another or others; a state or
fulfillment of certain conditions or
condition of affairs; the standing of a
requisites fixed by law.
person before the law

CHARACTERISTICS:

1. Cannot be subject of commerce

2. Imprescriptible

3. Not subject of compromise

4. Right to claim it cannot be

renounced and

5. Rights arising from it cannot be

renounced

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