Download this publication - AIDS Data Hub

Joint or Separate SuitsAn offended party (the victim) may file a civil suit only, a criminal suit only,or both. In this regard, he or she has the following four options:1. Criminal suit with joint civil suitAt present, Philippine laws provide that when a criminal suit is filed, acivil action for damages is instituted at the same time. The civil actioncovers actual damages only. As such, there is no filing fee requiredfrom the offended party.However, if the offended party claims other reliefs and/or additionaldamages such as moral and exemplary, then he or she is required topay the corresponding filing fee.A verdict of “guilty” in the criminal case means a triumph likewise inthe civil action, meaning that the stipulated damages will be awarded.If the perpetrator is acquitted, the fate of the civil action depends uponthe nature of acquittal. If the accused is acquitted because thesupposed act which constituted the crime was discovered to be nonexistent,then the civil action must also be dismissed. But if the acquittalwas because of insufficiency of evidence to convict the accused beyondreasonable doubt, then the civil suit may continue and be decidedaccording to the standard of “preponderance of evidence”.2 Criminal suit with separate civil suitThis can happen if the offended party first files a civil suit before acriminal proceeding is instituted. Or it could be that the offended party,at the time that the criminal suit is being filed, reserves the right to filea civil suit separately. The reservation has to be made before theprosecution starts to present evidence. Hearing on the civil suit issuspended during the pendency of the criminal suit.If the trial has already commenced, a separate civil suit can only beinstituted after the final judgment on the case.3 Civil suit onlyThis happens if the offended party proceeds to have a civil case docketed,without submitting a complaint to a police officer or prosecutor.4 Criminal suit onlyThis happens if the offended party waives the civil action normallyinstituted jointly with the criminal suit. However, waiver is not usuallyOVERVIEW OF AVAILABLE REDRESS INTRODUCTION MECHANISMS 31