Text of the provision
Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender. Such civil action may be supported by a preponderance of evidence.
Upon the defendant's motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious.
If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings.
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 someone believes they were wronged by a crime but no criminal case is pursued — the investigating officer finds no probable cause, or the prosecutor declines — and no independent civil action otherwise exists, the injured person may still bring a civil action for damages, provable by preponderance of evidence. A bond may be required against a malicious complaint, and if the prosecutor later files a criminal information, the civil action is suspended until the criminal case ends.
Related provisions
- Article 29 — civil action after acquittal on reasonable doubt.
- Article 36 — prejudicial questions.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.