Article 30-36 (Day 4)

• Article 30


  When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.
• Article 31


  When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. (An act or omission that not charged in felony but in obligation arising from other sources like law and contract )
• Article 32


  Any public officer or employee, or private individual, who directly or indirectly violates, impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:
• Following rights and liberties


  • Freedom of religion
  • Freedom of speech
  • Freedom to write for the press or to maintain a periodical publication
  • Freedom from arbitrary or illegal detention
  • Freedom of suffrage
  • The right against deprivation of property without due process of law
  • The right to a just compensation when private property is taken for public use
  • The right to the equal protection of the laws
  • The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures
  • The liberty of abode and of changing the same
  • The privacy of communication and correspondence
  • The right to become a member of associations or societies for purposes not contrary to law
  • The right to take part in a peaceable assembly to petition the Government for redress of grievances
  • The right to be free from involuntary servitude in any form
  • The right of the accused against excessive bail
  • The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf
  • Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness
  • Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional
  • Freedom of access to the courts
• Article 32


  Referred to in this article, whether or not the defendant’s act or omission is criminal offense, the Complainant or aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution if instituted, and may be proved by a preponderance of evidence.

  The amount of damage shall be declared including moral damage

  The judge is exempted for responsibilities stated while doing his duty unless it violates penal code
• Article 33


   In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.
• Article 34


  When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action.
• Article 35


  When the Accused is acquitted not proving guilty the injured party can file a civil case that supports of preponderance of evidence and upon the motion of the case the complainant required to file a bond to indemnify the damages  in case the complaint should be found to be malicious.

  If during the pendency of the civil action, information should be presented by the prosecuting attorney(If the evidence is related to a criminal case providing the accused is guilty), the civil action shall be suspended until the termination of the criminal proceedings.
• Article 36


  Pre-judicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code.

  (A prejudicial question is one that arises in a case, the resolution of which is a logical antecedent(former case) of the issue involved)
• Article 36 Essential element of a prejudicial question

  The civil action involves an issue similar or intimately related to the issue raised in the criminal action

  the resolution of such an issue determines whether or not criminal action may proceed
• Independent civil action


  It can be filed separately in the court(civil case/criminal case) regardless of the result civil action is not affected the civil case is continued or not suspended
• Bail - Before judgment

  fine - After judgment