Judgment In Civil Action
Sec. 5. Judgment in civil action not a bar. – A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action.
WHEN THE DEFENDANT IS ABSOLVED OF CIVIL LIABILITY IN A CIVIL ACTION, CAN A CRIMINAL ACTION STILL BE FILED AGAINST HIM? (ALTERNATIVE QUESTION: FOR EXAMPLE, X INSTITUTED A CIVIL ACTION BEFOREHAND AND IT WAS DISMISSED LATER ON. CAN A CRIMINAL ACTION STILL BE FILED?)
> Yes, while every person criminally liable is also civilly liable, the converse is not true
> Therefore, even if the defendant is absolved of civil liability in a civil action, a criminal action can still be filed against him.
> The outcome of the civil action is not in anyway determinative of the guilt or innocence of the respondent in the civil case
> Besides, the state is a party in a criminal action, while only the private offended party is a party in a civil action
> Moreover, the quantum of evidence in the civil action is only preponderance of evidence while that required in the criminal action is proof beyond reasonable doubt
CAN THE OFFENDED PARTY STILL INTERVENE WITH THE CRIMINAL ACTION?
> No because interest of the offended party is only civil
> Any time he institutes the 3 actions, he cannot anymore intervene in the criminal action
> The interest of the state is criminal prosecution of the accused