Practice question
Before a criminal action is instituted for an offense governed by Rule 111, Section 1(a), the offended party has already filed the civil action ex delicto. No other exception is involved. The prosecutor argues that a duplicate civil action is nevertheless automatically instituted in the criminal case. Which is correct on implied institution?
- Prior filing is irrelevant and two identical civil recoveries are required
- The prior civil action is an express exception to implied institution; its subsequent procedural treatment is governed by the applicable rules
- The accused is automatically acquitted
- The prior suit converts the prosecution into arbitration
- The offended party must abandon every civil remedy
Legal references
- Rules of Court, Rule 111, Section 1.
- Reviewed primary authority, Rule 111, Section 1: https://lawphil.net/courts/rules/rc_110-127_crim.html
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