Understanding Civil Liability in Criminal Cases
Dear PAO,
A case for estafa was filed against my husband. He was acquitted because of the failure of the prosecution to establish his guilt beyond reasonable doubt. However, he was still adjudged to pay the amount being claimed as civil liability. Is the acquittal not tantamount to the dismissal of the case and all other claims?
Dear Fres,
Please be informed of the Supreme Court’s ruling in the case of Gloria S. Dy v. People of the Philippines, Mandy Commodities Co., where the Supreme Court discussed the concept of civil liabilities in relation to the filing of criminal charges.
Civil Liability in Criminal Cases
Our law states that every person criminally liable for a felony is also civilly liable. This civil liability ex delicto may be recovered through a civil action which, under our Rules of Court, is deemed instituted with the criminal action. While they are actions mandatorily fused, they are, in truth, separate actions whose existences are not dependent on each other.
- Criminal and Civil Liabilities
- Civil Liability Ex-Delicto
- Separation of Criminal and Civil Actions
From the above-quoted portion of the Supreme Court decision, it is clear that a person who is criminally liable is likewise civilly liable. The civil action is deemed to have been instituted with the criminal action. This is known as a civil liability ex-delicto. However, it does not mean that an acquittal in the criminal action will necessarily obliterate the civil liability, as in this case.
Separation of Criminal and Civil Liabilities
The reason for such separation is that while a single act may produce two liabilities — that is, criminal and civil — they are of a different nature. This is shown by the fact that one requires proof beyond reasonable doubt while the other only requires a preponderance of evidence. One involves a penalty of imprisonment, fine, or both, while the other requires restitution or reparation for damages.
Survival of Civil Liability
The acquittal of the accused does not automatically preclude a judgment against him on the civil aspect of the case. The extinction of the penal action does not carry with it the extinction of the civil liability in certain circumstances.
- Reasonable Doubt and Preponderance of Evidence
- Declaration of Civil Liability
- Extinguishment of Civil Action