When Civil Action may be consolidated with subsequent criminal action - Case no.

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ANTOLIN T. NAGUIAT, petitioner, vs. HONORABLE INTERMEDIATE APPELLATE
COURT, THIRD SPECIAL CASES DIVISION, TIMOG SILANGAN DEVELOPMENT
CORPORATION RATION AND MANUEL P. LAZATIN, respondents.
G.R. No. 73836 August 18, 1988, PADILLA, J., SECOND DIVISION
Facts
Timog Silangan Development Corporation (TSDC) a corporation engaged in the business of
developing and selling subdivision lots in Timog Park," located in Angeles City entered into a contract to sell
with petitioner Naguiat for 4 lots amounting to P72,000. After full payment, Naguiat demanded the issuance
in his favor the titles of the said lots but TSDC refused, this prompted Naguiat to institute an action for
specific performance with damages against TSDC. Subsequently, he also filed a criminal complaint against
TSDC for violation of PD. 957
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. The trial court later on consolidated the criminal and civil case in
accordance with Rule 111, Section 3(a) of the Rules on Criminal Procedure. On appeal, the CA reversed the
consolidation and ordered the lower court to suspend the trial of the civil action awaiting the trial of the
criminal case and not to allow the intervention of Naguiat in the prosecution of the criminal case.
Issue
WON Rule 111 section 3(a) is applicable in this case
WON the criminal and civil cases could be consolidated
Decision
No, under Rule 111, Sec. 3 (a), the civil action that may be consolidated with a criminal action, is one
for the recovery of civil liability arising from the criminal offense, or ex delicto. In the case at bar, the civil
action filed by the petitioner was for specific performance with damages. The main relief sought in
the latter case, i.e., the delivery of the certificates of title to the lots was grounded on the Contract
to Sell between the petitioner and the private respondent. Hence the civil action filed by the petitioner was
for the enforcement of an obligation arising from a contract, or ex contractu and not one for the
recovery of civil liability arising from an offense; hence, the law invoked by the petitioner is
inapplicable.
Yes, notwithstanding the inapplicability of Rule 111, the two cases may be consolidated. In Canos v.
Peralta, the consolidation of a criminal action with a civil action arising not ex delicto is based upon Section
1, Rule 31 of the Rules of Court
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. As held in Canos, A Court may order several actions pending before
it to be tried together where they arise from the same act, event or transaction, involve the same or like
issues, and depend largely or substantially on the same evidence, provided that the court has jurisdiction
over the cases to be consolidated and that a joint trial will not give one party an undue advantage or prejudice
the substantial rights of any of the parties.... The obvious purpose of the above rule is to avoid multiplicity of
suits. In the cases at bar, the nature of the issues involved, i.e., whether or not petitioner had fully paid
for the lots he purchased from the private respondents, are identical. The evidence in both cases,
likewise would virtually be the same, (the Contract to Sell, the letter which contains the conditions
for the purchase of the lots and, to which petitioner allegedly affixed his conformity, the official
receipts for the alleged payments made by the petitioner, and other related documents).

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PD 957 REGULATING THE SALE OF SUBDIVISIONS LOTS AND CONDOMINIUMS, PROVIDING PENALTIES FOR VIOLATIONS
THEREOF. SEC. 25. Issuance of Title. The owner or developer shall deliver the title of the lot or unit to the buyer upon full payment of the lot or
unit. No fee, except those required for the registration of the deed of sale in the Registry of Deeds shall be collected for the issuance of such title.
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Section 1. Consolidation. When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial
of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings
therein as may tend to avoid unnecessary costs or delay.