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.
Questions about this provision
Related provisions
- Article 33 — independent civil actions for specific wrongs.
- Article 2176 — quasi-delict as an independent source (once built).
Cases citing this article
- Heirs of Eduardo Simon vs. Elvin Chan and the Court of Appeals, G.R. No. 157547, February 23, 2011 — read the decision on LawPhil →
- Jose S. Cancio, Jr. represented by Roberto L. Cancio vs. Emerenciana Isip, G.R. No. 133978, November 12, 2002 — read the decision on LawPhil →
- Spouses Enrique Llonillo and Marites Llonillo vs. People of the Phillippines, G.R. No. 246787, January 30, 2024 — read the decision on LawPhil →
- Alastair John Kane vs. Patricia Roggenkamp, G.R. No. 214326, July 6, 2020 — read the decision on LawPhil →
- Hyatt Industrial Manufacturing Corp. vs. Asia Dynamic Electrix Corp., et al, G.R. No. 163597, July 29, 2005 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.