Civil Code, Art. 30

Statute

Civil Code

Article

Art. 30

Topic

Separate civil action to demand civil liability

Year

1949

The provision

Key points

Article 30 addresses the separate civil action to demand civil liability arising from a criminal offense. When such a civil action is brought and no criminal proceedings are instituted during its pendency, a preponderance of evidence is sufficient to prove the act complained of.

The provision confirms that civil liability ex delicto can be pursued independently and on the civil standard of proof. It is read with Article 29 (acquittal on reasonable doubt) and Article 35, and with the Rules of Court governing the institution of civil and criminal actions.

The provision matters most where the offended party elects to pursue the civil liability arising from a crime apart from the criminal prosecution. Because only a preponderance of evidence is required, recovery is possible even where the higher proof-beyond-reasonable-doubt standard of the criminal case is not met. It is read together with Article 29, which preserves the civil action after an acquittal based on reasonable doubt, and with the Rules of Court provisions governing how the civil action is deemed instituted with, or reserved from, the criminal action.

Related provisions

• Civil Code Art. 29
• Civil Code Art. 35
• Civil Code Art. 34
• Rules of Court Rule 111, Sec. 6

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