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An independent civil action is an action which is entirely distinct and separate from the criminal action. Such civil action shall proceed…

2013 Bar Exam · Remedial Law · Question 11 · Essay

The question

An independent civil action is an action which is entirely distinct and separate from the criminal action. Such civil action shall proceed independently of the criminal prosecution and shall require only a preponderance of evidence. Section 3 of Rule 111 allows the filing of an independent civil action by the offended party based on Article 33 and 2176 of the New Civil Code. The different approaches that the plaintiff can pursue in this type of action are, as follows:

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