Practice question
A victim proves an intentional assault under the preponderance standard and invokes Article 33. The defendant seeks dismissal solely because a criminal prosecution has not yet produced a conviction. No other defense is raised. Resolve the stated objection.
- A criminal conviction is not indispensable to the independent Article 33 action
- The civil case must invariably wait for conviction
- The act cannot be intentional without a criminal judgment
- The victim automatically wins without proving injury
- Only the prosecutor can establish civil damages
Legal references
- Civil Code, Articles 19-23, 26, 28, 31-33, 1314, 2177, 2183 and 2187: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Rules of Court, Rule 111, Section 3: https://lawphil.net/courts/rules/rc_110-127_crim.html
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