Rule if no independent civil action is granted (Article 35, Civil Code)

Date Published:
When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in [the Civil] Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious.

If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings. (Article 35 of the New Civil Code)

Paras gave the following example:
A woman accused her classmate of committing against her the crime of unintentional abortion. But the fiscal refused to institute criminal proceedings. She may bring a civil action for damages against the alleged offender, but if in the course of the trial, an information should be presented by the fiscal, charging the classmate with the crime, the civil action shall be suspended until the termination of the criminal proceedings.
In one case, the aggrieved party reserved the right to file a separate civil action. Despite this reservation, the Supreme Court ruled that the accused should pay civil indemnity. The Supreme Court said: "Be this as it may, the judgment in the criminal case, except as to the fact of commission by the accused of the act charged therein, can not be considered as res judicata constituting a bar to the present action, whether it be to enforce the subsidiary or primary liability of defendants who were not parties to the criminal case. The two cases are different in nature and purpose, and they affect different parties. Hence, to the extent that the decision appealed from holds that the present action is barred by the adjudication of indemnity in the criminal case, the same is reversed." (G.R. No. L-16929, July 31, 1961)