Answer

Independent civil actions are civil suits that may proceed entirely separately from the criminal case arising out of the same act, and that require only a preponderance of evidence rather than proof beyond reasonable doubt. The Civil Code allows them in specific instances: violation of constitutional rights (Article 32); defamation, fraud, and physical injuries (Article 33); and the refusal or failure of a police officer to render aid or protection (Article 34) — together with quasi-delict under Article 2176.

Under the 2000 Revised Rules of Criminal Procedure, these independent civil actions may be filed and prosecuted separately and no longer need to be reserved in the criminal case. Only the civil liability arising directly from the offense is deemed instituted with the criminal action unless it is waived or reserved.

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