Saturday, September 6, 2014

GENERALLY, A CRIMINAL CASE HAS TWO ASPECTS, THE CIVIL AND THE CRIMINAL:

     The civil aspect is borne of the principle that every person criminally liable is also civilly liable. The civil action, in which the offended party is the plaintiff and the accused is the defendant, is deemed instituted with the criminal action unless the offended party waives the civil action or reserves the right to institute it separately or institutes the civil action prior to the criminal action. (RULES OF COURT, Rule 111, Sec. 1(a)). The law allows the merger of the criminal and the civil actions to avoid multiplicity of suits. Thus, when the state succeeds in prosecuting the offense, the offended party benefits from such result and is able to collect the damages awarded to him. But, when the trial court acquits the accused or dismisses the case  on the ground of lack of evidence to prove the guilt of the accused beyond reasonable doubt, the civil action is not automatically extinguished since liability under such an action can be determined based on mere preponderance of evidence. The offended party may peel off from the terminated criminal action and appeal from the implied dismissal of his claim for civil liability. The purpose of a criminal action, in its purest sense, is to determine the penal liability of the accused for having outraged the state with his crime and, if he be found guilty, to punish him for it. In this sense, the parties to the action are the People of the Philippines and the accused. The offended party is regarded merely as a witness for the state. Also in this wise, only the state, through its appellate counsel, the OSG, has the sole right and authority to institute proceedings before the CA or the Supreme Court. (BURGOS vs. CA, G.R. No. 169711)

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.