4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly [91] Id. at 363. [92] See RULES OF COURT, Rule 1, Sec. 3(c). [93] See RULES OF COURT, Rule 72, Sec. 2. Applicability of rules of civil actions. — In the absence of special provisions, the rules provided for in ordinary actions shall be, as far as practicable, applicable in special proceedings. Rule 111, Sec. 2. When separate civil action is suspended. — x x x If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action. Nevertheless, before judgment on the merits is rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action. In case of consolidation, the evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witnesses presented by the offended party in the criminal case and of the parties to present additional evidence. The consolidated criminal and civil actions shall be tried and decided jointly. During the pendency of the criminal action, the running of the period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled. The extinction of the penal action does not carry with it extinction of the civil action. However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist. Source: Supreme Court E-Library This page was dynamically generated by the E-Library Content Management System (E-LibCMS) elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55916 22/22