Practice question
May the offended party reserve the right to file the corresponding civil action separately after instituting the BP 22 criminal case?
- Yes, if reservation is made before evidence.
- Yes, whenever counsel prefers two cases.
- No; section 1(b) expressly disallows that reservation.
- Yes, only if the check exceeds a chosen amount.
- Yes, if the judge simply calls it ordinary procedure.
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 111 section 1(b): BP 22 civil inclusion, prohibition of reservation, filing fees and prior civil-action consolidation.
- https://lawphil.net/judjuris/juri2008/jan2008/gr_158177_2008.html — Spouses Lo Bun Tiong v. Balboa, G.R. 158177, January 28, 2008, main opinion: earlier civil action and avoidance of duplicate recovery.
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