Civil vs Criminal Case in the Philippines: A Quick Guide

When it comes to legal matters in the Philippines, civil and criminal cases are among the most common types you’ll hear about. Yet, despite how often these terms pop up, many don’t fully understand that civil and criminal cases differ. 

Whether it’s a dispute over property or a grave offense against the law, knowing the distinction can make a big difference in how a case is handled and what to expect. That’s why we’ve compiled this quick and comprehensive guide to help you navigate the basics of civil and criminal cases in the Philippines. 

From what each case involves to how they proceed in court, this article will give you clear, easy-to-understand insights so you can feel more confident if you ever find yourself dealing with either type of case. Let’s dive in and clear up the confusion!

Civil vs Criminal Case Defined

A civil case concerns private disputes between individuals or entities, usually involving contracts, property, family matters, or torts. The goal is to help the harmed individual by providing a solution, usually through monetary compensation or specific actions.

Civil cases can involve various legal issues, such as breach of contract, annulment, tort, damages, and partition. 

On the other hand, criminal law deals with offenses that harm society, rather than targeting specific individuals or organizations. The State, through a public prosecutor, commences criminal proceedings against an individual alleged to have violated a law, which is frequently outlined in statutes like the Revised Penal Code.

Criminal cases deal with offenses like murder, theft, robbery, arson, and violations of the Bouncing Checks Law.

Who are the parties to each case?

In a civil case, the parties are private individuals or entities: the plaintiff (who alleges harm or breach) and the defendant (who is accused of causing the damage). 

Under the Rules of Civil Procedure, “Only natural or juridical persons, or entities authorized by law may be parties in a civil action. The term "plaintiff" may refer to the claiming party, the counter-claimant, the cross-claimant, or the third (fourth, etc.)[-]party plaintiff. The term "defendant "may refer to the original defending party, the defendant in a counterclaim, the cross-defendant, or the third (fourth, etc.) - party defendant.”

Further, “A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest.”

In a criminal case, the parties are the State (represented by the prosecutor) and the accused. The State prosecutes on behalf of society. The offended party may intervene to recover civil liability, but is not the primary party prosecuting the crime.

What is the burden of proof in each case?

In civil proceedings, the standard of proof is less stringent than that in criminal cases, requiring merely a "preponderance of the evidence." The focus is on establishing liability to remedy rather than guilt.

Under the Rules on Evidence: “In civil cases, the party having the burden of proof must establish his case by a preponderance of evidence. 

In determining where the preponderance or superior weight of evidence on the issues involved lies, the court may consider all the facts and circumstances of the case, the witnesses' manner of testifying, their intelligence, their means and opportunity of knowing the facts to which they are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial. 

The court may also consider the number of witnesses, though the preponderance is not necessarily with the greater number.”

Due to the serious consequences in criminal cases, the burden of proof is notably high, typically necessitating that the defendant's guilt be demonstrated "beyond a reasonable doubt."

The Rules on Evidence provide that, “In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind.”

How do their procedural aspects differ?

The procedural aspects of criminal and civil cases differ significantly. In criminal proceedings, the process typically involves an arrest, a preliminary investigation, an arraignment, a pre-trial, a trial, and concludes with either an acquittal or sentencing. 

In contrast, civil proceedings generally begin with filing a complaint, followed by serving a summons, a pre-trial, a trial, and ultimately a judgment. 

Although both cases can be appealed, the grounds for appeal and the appellate procedures have distinct rules and standards.

What is the difference in venue in these cases?

In criminal cases, the venue is strictly jurisdictional. It must be filed where the crime was committed or where any essential element of the crime occurred, as mandated by the Rules of Criminal Procedure. 

For example, a homicide case must be filed in the city or municipality where the killing happened, ensuring that the trial occurs where evidence and witnesses are most accessible.

In contrast, civil cases have more flexible venue rules under the Rules of Civil Procedure. Venue depends on the nature of the action: real actions involving property must be filed where the property is located. In contrast, personal actions may be filed where the plaintiff or the defendant resides.

Venue in civil cases is generally a matter of convenience and procedure, not jurisdiction, and failure to object to improper venue waives the issue.

How are these cases initiated?

Under the Rules of Civil Procedure, in a civil case, “the claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-intervention. The defenses of a party are alleged in the answer to the pleading asserting a claim against him or her.“

Further, “the complaint is the pleading alleging the plaintiffs or claiming party's cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.”

Under the Rules of Criminal Procedure, in criminal cases, “the complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved.”

A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with enforcing the law violated. 

On the other hand, information is an accusation in writing that charges a person with an offense, is subscribed to by the prosecutor, and is filed with the court.

How is pre-trial conducted?

In a civil case, the pre-trial must be scheduled no later than 60 calendar days after filing the last responsive pleading.

In a criminal case, once the court has gained jurisdiction over the accused, the arraignment and pre-trial must be set within 10 calendar days for a detained accused and within 30 calendar days for a non-detained accused. 

How is a trial conducted?

The trial in a criminal case involves the State as the prosecutor and the accused as the defendant, with the primary goal of determining guilt beyond a reasonable doubt. 

The accused enjoys constitutional rights such as the presumption of innocence, the right to counsel, and protection against self-incrimination, reflecting the serious consequences of criminal liability.

In contrast, a civil case trial is a dispute between parties—the plaintiff and the defendant—in which the plaintiff must prove the case by a preponderance of evidence or, in some cases, clear and convincing evidence. 

The trial focuses on resolving private rights and obligations, with the court deciding liability and appropriate remedies like damages or specific performance.

Can one act give rise to a criminal and a civil case?

The same act may give rise to both criminal and civil cases. The outcomes are independent; acquittal in a criminal case does not preclude civil liability.

For instance, a criminal offense like theft may also lead to a civil case for damages. Or a vehicular accident resulting in death may result in the driver being charged criminally for reckless imprudence resulting in homicide, while also facing a civil case for damages.

Outcomes in one do not determine the other because of different objectives and standards of proof. Plaintiffs should consider their goals, costs, and legal advice before pursuing both simultaneously.

Civil vs Criminal Cases: At a Glance

Wrapping Up: Understanding Civil and Criminal Cases

Understanding the differences between civil and criminal cases is essential for anyone navigating the Philippine legal system. Whether you’re involved in a dispute or facing criminal charges, consulting a criminal lawyer in the Philippines can help you grasp the complexities and protect your rights.

If you want to learn more, you can browse through Digest PH, which provides a list of case digests in the Philippines. They provide valuable precedents that influence how cases are resolved. 

Knowing these distinctions and processes makes you better prepared to handle legal matters confidently. Read on, stay informed, and seek expert advice to ensure your case is appropriately addressed and your rights upheld.