Practice question
Mara has neither waived nor reserved the civil action arising from the charged theft, and no separate civil action was filed earlier. The accused objects to her counsel's intervention solely because she filed no separate civil complaint. Is that objection sound?
- Yes; a separate complaint is always mandatory
- Yes; civil liability is never included in criminal cases
- No; the civil action is ordinarily deemed instituted, permitting intervention by counsel
- Yes; only a prosecutor may protect Mara's civil interest
- No; intervention automatically proves damages
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule110 §§2–4,5 private-crime clauses,10,15–16 and Rule111; read §5 first paragraph with AM02-2-07-SC amendment.
- https://chief.lawphil.net/courts/supreme/am/am_02-2-07-sc_2002.html — A.M. No. 02-2-07-SC, April 10, 2002, effective May 1, 2002 (written authorization and court approval of private prosecution).
- https://www.lawphil.net/judjuris/juri1987/jun1987/gr_l-53373_1987.html — Crespo v Mogul, GRL53373, June30 1987, ENBANC MAIN decision (judicial control after filing).
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