- Statute
- Civil Code
- Article
- Art. 30
- Topic
- Separate civil action to demand civil liability
- Status
- In force
- Book
- Preliminary Title
- Chapter
- CHAPTER 2 Human Relations (n)
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
ARTICLE 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.
Intellegal Wiki · In plain terms
When a person pursues civil liability arising from a criminal offense in a separate civil case, and no criminal case is filed while that civil case is pending, the plaintiff only needs to prove the wrongful act by preponderance of evidence, the lighter civil standard, rather than the stricter proof beyond reasonable doubt required to convict in a criminal trial.
An editorially maintained plain-language explanation of this provision — not legal advice.
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.