Text of the provision
Art. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.
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
For three classes of wrong — defamation, fraud, and physical injuries — the victim has an independent civil action, entirely separate from the criminal case, provable by mere preponderance of evidence. The Supreme Court reads these terms broadly: "physical injuries" here covers bodily harm generally (including that resulting in death), and "fraud" covers estafa. The civil and criminal cases may run at the same time.
Related provisions
- Article 29 — civil action surviving acquittal on reasonable doubt.
- Article 2219 — moral damages for these wrongs (once built).
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.