Monday, June 10, 2013

Tabular Presentation of Distinction Between Criminal and Civil Procedures

Distinction between Criminal and Civil Procedure:
Criminal Procedure
Civil Procedure
Presumption of innocence applies
Presumption of innocence does NOT apply
In criminal negligence, there is no presumption of negligence, because it is a criminal case, though committed by culpa.
There is presumption of negligence in civil case: Arts. 2184, 2185, 2188, 1756, 1735, common carriers.
Prosecutor has the burden of proof
Both have the duty to prove claim & defenses
Quantum of evidence is proof beyond reasonable doubt or moral certainty
Quantum of evidence is preponderance or superior weight of evidence;
Administrative: substantial evidence or adequate to support a conlusion;
Quantum of evid not found in the rules but in jurisprudence: US vs Purugganan (bail), Provisional Govt of HK vs Judge Olalia: Clear & convincing evid – below proof beyond reasonable doubt but above preponderance of evid.
It is used to destroy rebuttable presumption, to disbar a lawyer, evidence in bail hearing, and in extradition cases;
Doctrine of double jeopardy
Doctrine of res judicata
Cause of action is owned by the State: People of the Phils V. Juan dela Cruz
Cause of action by private party to a contract
Indl v indl
2 liabs are litigated: criminal & civil (art 100 RPC)
Only one liability is litigated: i.e. civil.
Concept of bail applies
Concept of bail does NOT apply
Concept of arrest applies
Concept of arrest does NOT apply
Concept of Prelim Investigation (PI) applies
Concept of PI does NOT apply
Penalty is or includes imprisonment
No imprisonment, instead damages, spec perf,
Pre-trial (mandatory). The court sets for pre-trial after arraignment, and w/in 30 days after jurisdiction is acquired over the accused. (rule 118)
Pre-trial (mandatory). Plaintiff moves (as a duty) for pre-trial ex-parte after last pleading has been filed (Rule 18)
Other term for pre-trial is prelim conference. In fact this term is used in rules on summary proc.
There may also be pre-trial on appeal (CA)r47,r48, SC r56,
Amicable settlement of crim liab is NOT allowed, only the civil aspect of a criminal case
1st purpose of pre-trial is amicable settlement
An offer to compromise criminal liability may be received in evidence as an implied admission of guilt (S27(2), R130)
Criminal liability that may be compromised is that which arise from culpa (crim negl) or quasi offenses or those allowed by law to be compromised
An offer to compromise is not an admission of liability, & is not admissible in evidence against the offeror (S27(1), R130)
AM 03-1-09SC All agreements or admissions made or entered into during pre-trial conference must be reduced in writing, signed by the accused & counsel. Otherwise they cannot be used against the accused.
Agreements must be signed by parties and counsels, but No such provision that if not signed they can’t be used against a party
Summoned to attend are the pros & defense counsel, NOT the plaintiff or defendant. Offender could be in jail; victim (in case of homicide) is dead.
Plaintiff absent at pre-trial; court may dismiss complaint;
Defendant absent at pre-trial; court may allow presentation of evidence ex-parte
Before entering a plea :
Motion for BoP (S9,R116) in order to plead & prepare for trial;
Question the legality of arrest, or the absence of Preliminary Investigation;
Move for suspension of arraignment, on grounds:
The accused is of unsound mind;
There is a petition for review filed w/the DOJ Sec.
Motion for BoP in order to prepare a responsive pleading

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