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)
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