Text of the provision
Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.
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
When the civil claim rests on a separate source of obligation — a contract, a quasi-contract, or a quasi-delict — rather than on the very act charged as a felony, the civil action is fully independent. It may proceed on its own and its outcome does not depend on whether the accused is convicted or acquitted. The key is the source of the obligation, not the label of the act.
Related provisions
- Article 33 — independent civil actions for specific wrongs.
- Article 2176 — quasi-delict as an independent source (once built).
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.