Effect of Acquittal in extinction of penal action

Extinction of penal action does not carry with it extinction of civil action
Civi action based on delict may be deemed extinguished if there is finding in a final
judgement in the criminal action that the act or omission from which civil liability may
arise did not exist
In case of acquittal, accused may still be ajdudged civilly liable
Extinction of penal ation does not carry with it extinction of civil action where:
o Acquittal based on reasonable doubt as only preponderance of evidence is
required
o The court declares liability is only civil
o Civil liability of accused does not arise from crime of which he was acquitted
The trial court acquits the accused or dismisses the case on grould of lack of
evidence to prove guilt beyond reasonable doubt, civil action is not automatically
extinguished since only preponderance of evidence is needed in such action
The trial court is to state whether the prosecution absolutely failed to prove guilt or
merely failed to prove guilt beyond reasonable doubt; it shall determine if act or
omission from which civil liability might arise did not exist
Criminal liability will give rise to civil liability only if the felonious act or omission
results in damage or injury to another and is the direct and proximate cause
Criminal action punishment of guilty party
Civil action restitution of the thing, repair of damage, indemnification for the losses
Effect of payment of civil liability
It does not extingush criminal liability
A compromise agreement shall not extinguish public action for imposition of legal
penalty
Effect of judgement in civil cases absolving defendant
Final judgement rendered in civil action absolving a defendant from civil liability does
not bar criminal action for the same act or omission
Subsidiary liability of employer
Adequate evidence must exist establishing:
o They are employers of convicted employees
o They are engaged in some kind of industry
o Crime was committed by the empoloyees in the discharge of their duties
o Execution against employees has not been satisfied due to insolvency
Concept of prejudicial question
Issue involved in civil case which is similar or intimately related to issue in criminal
action, the resolution which DETERMINES whether or not the criminal action may
proceed
The resolution of which is a logical antecedent of the issue involved
The proceedings in the second case may be suspended to await the resolution of the
prejudicial questions in the first
Reason: to avoid to conflictiing decisions
Requisites for prejudicial question
Elements
o Civil case involves facts intimately related to criminal case
o The resolution of the issue in civil action will determine guilt or innocence of
accused in criminal action
o Jurisdiction to try said question must be lodged in another tribunal

Prejudicial question may not be invoked

o Both criminal cases, both civil cases, both administrative cases, one
administrative one civil, one administrative one criminal
Prejudicial question will not arise if criminal case was instituted prior to civil case
(previously instituted)
The prejudicial question is one that arises in the civil case
Not every issue in the civil action will result in a prejudical question
It is critical to show that the issue in the civil case is DETERMINATIVE of the issue in
the criminal case
Effect of existence of prejudicial question; suspension of criminal action
Suspension of criminal action proceedings may be made only upon petition and not
at the instance of the judge or prosecutor
Prejudical question should be made at the first instance in the criminal action
Prejudical question is the exception to the general rule that the civil action shall be
suspended when criminal action is instituted
Suspension does not include dismissal
Where to file the petition for suspension
Not required to be filed in court. It is sufficient that the case be in the prelimenary
investigation phase as long as there has been a previously instituted civil case
It may be filed in the office of the prosecutor conducting preliminary investigation
PRELIMINARY INVESTIGATION
Nature
Sec 1 of Rule 112: xx Preliminary investigation is an inquiry or a proceeding the
purpose of which is to determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and the respondent is probably
guilty thereof, and should be held for trial xx
It is an inquiry or a proceeeding which does not involve the examination of
witnessess by direct or cross examination
Purpose:
o Whether or not crime has been committed
o Whether or not the respondent is PROBABLY GUILTY of the crime
A prosecutor merely determines the existence of probably cause, and to file the
corresponding information if he finds it to be so
Probable cause: implies probability of guilt and requires more than BARE SUSPISION
but less than EVIDENCE TO JUSTIFY CONVICTION
Ultimate Purpose:
o To secure the innocent against hasty, malicious, and oppressive prosectution
and to protect him from an open and public accusation of a crime, from the
trouble, expenses and anxiety of a public trial, and also to protect the state
from useless and expensive prosecutions
Nature of the right to preliminary investigation
Statutory characther and may be invoked only when specifically created by statute
Component of due process in criminal justice (it is a substantive right)
A preliminary investigation is a judicial inquiry/proceeding because there is an
opportunity to be heard and for production of evidence and weighing of evidence,
and a decision is rendered thereon

CONFLICTING IDEA: a closer scrutiny will show that preliminary investigation is very
different from other quasi-judicial procceedings
A quasi-judicial body is an organ of the government which performs adjudicatory
functions that affects the rights of private parties either through adjudication or rulemaking
The DOJ is not among the agencies enumerated in section 1 of Rule 43
SOJ findings are not appealable to the CA

Right to preliminary investigation may be waived for failure to invoke the right
prior to or at the time of the plea
Preliminary investigation vs Preliminary examination
Investigation
o conducted by prosecutor to ascertain whether the alleged offended should be
helfd for trial
o Executive in nature, part of the prosecutors job

Examination
o Conducted by the judge to determine probable cause for the issuance of a
warrant of arrest
o Judicial in nature and is lodged with the judge

Probable cause in preliminary investiagtion

Existence of such facts and circumstances as would lead a person of ordinary
cautionand prudence (or reasonably discrete and prudnent man) to entertain and
honest and strong suspicion that the person charged is guilty of the crime subject of
investigation
Need not be based on clear and cinvincing evidence
It is not a pronouncement of guilt
Based on opinion and reasonable belief
Elements of the crime charged should be present
Existence of such facts and circumstances as would excited the belief in a reasonable
mind that the person charged and prosecuted in a criminal cases is probably guilty of
the crime or wrongdoing
Kinds of determination of probable cause
Executive
o Determination of probable cause made during preliminary investigation
o Function pertains to public prosecutor
o Prosecutor has quasi-judicial authority to determine whetehr or not a c riminal
case must be filed in court

Judicial
o Determination of probable cause made by Judge to ascertain whetehr a
warrant of arrest should be issued
o Judge should not override the public porsecutors detrmination of probable
cause on the ground that evidence to substantiate issuance of arrest warrant
was insufficient

In determining probable cause: The average man weighs facts and circumstances
without resorting to the calibrations of our technical rules of evidence which his
knowledge is nil

Cases requiring preliminary investigation

Law prescribes penalty of AT LEAST 4 years, 2 months, and 1 day without regard to
fine

Cases NOT requiring preliminary investigation

Penalty involving LESS THAN 4 years, 2 months, and 1 day
o Filing directly to prosecutor
o Filing complaint or information with municipal trial court
Direct filing with prosecutor
Complaint shall have:
o Address of respondent
o Affidavits of complainant
o Affidavits of complainants witnesses
o Other supporting documents
o Appropriate number of copies for respondents plus 2 for court
o Subscribed and sworn to before any prosecuotr or government official
authorized to administer oaths, or notary public
Prosecutor shall act within 10 days from filing
Direct filing to MTC
If within 10 days from filing, no probable cause is found, the judge shall dismiss the
case
o Judge shall personallly examine in writing and under oath the complainant and
his witnesses in the form of SEARCHING QUESTIONS and ANSWERS
If judge desires to further determine the existence of probable cause, he may require
the submission of additional evidence within 10 days from notice
If PC is found, a warrant of arrest or a commitment order shall be issued
Warrant of arrest is not mandatory
When preliminary investigation not required even if normally required
Person arrested lawfully without warrant
Inquest proceedings are proper
Person arrested lawfully without warrant may ask for a preliminary investigation
He may ask for one before the complaint or information is filed
He must sign a waiver of provisions of article 125 of RPC
o Penalty on public officier fails to deliver person arrested to proper judicial
authorities within periods of12, 18, 36 hours
Waiver must be in writing in the presence of counsel
If the person is now accused, he may still ask for a preliminary investigation within 5
days from the time he learns of its filing
Motion to conduct preliminary investigation should be addressed to the court

Bail for person lawfully arrested during preliminary investigation

He may apply for bail at the court in the province, city, or municipality where the
arrested person is held