Civil liability

1. An information for frustrated homicide failed to allege the damages incurred by the offended party. At
the trial, the court upon objection of the accused, barred the prosecution from proving the damages suffered by
complainant for the reason that it was not alleged in the information. Accused presented evidence to prove his
innocence. After trial, the court convicted the accused sentencing him to imprisonment without any award of
damages.
Was the court correct in disallowing the prosecution form presenting proof relative to accused’s civil
liability? Explain briefly. (1996, #12)

Answer:
No, in a criminal case, the civil action for recovery of civil liability is impliedly instituted with the
criminal action, unless the offended party waives the civil action, reserves his right to institute it
separately, or institutes the civil action prior to the criminal action. Consequently, the prosecution has the
right to present evidence of damages suffered even if it was not alleged.