Text of the provision
Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Where the civil liability arises from a criminal offense but is pursued in a separate civil action — and no criminal case is filed while it is pending — the plaintiff need only prove the act by a preponderance of evidence, not beyond reasonable doubt. It lets a victim recover damages without waiting on, or being defeated by, the prosecution of the crime.
Related provisions
- Article 29 — civil action after acquittal on reasonable doubt.
- Article 31 — civil action independent of the crime.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.