INDEPENDENT CIVIL ACTIONS
Sec. 3. When civil action may proceed independently. – In the cases provided in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action.
WHAT ARE THE INDEPENDENT CIVIL ACTIONS?
> The independent civil actions are those provided in Articles 32, 33, 34 and 2176 of the Civil Code
> They may proceed independently of the criminal action and shall require only a preponderance of evidence
> This is the principle of independent civil actions—it can proceed independently from the criminal action. Nonetheless, the offended party may not have double recovery. The offended party only gets the bigger award.