TITLE FIVE – CIVIL LIABILITY

CHAPTER ONE
PERSONS CIVILLY LIABLE FOR FELONIES

ART. 100 – Civil Liabilit

CIVIL LIABILITY ARISING FROM OFFENSES

BASIS OF CIVIL LIABILITY

From the standpoint of its effect, a crime has dual character:

1. As an offenses against the state because of the disturbance

of social order.
2. As an offense against the private person injured by the
crime UNLESS:
It involves TREASON, REBELLION,
ESPIONAGE, CONTEMPT and others wherein
NO CIVIL LIABILITY ARISES or WHEN THERE
IS NO PRIVATE PERSON INJURED.

DAMAGES THAT MAY BE RECOVERED IN CRIMINAL CASES

1. Crimes against PROPERTY

- Damages on the price of the things and its special
sentimental value. (if the thing cannot be restored)

2. Crimes against PERSONS

- (Physical Injuries)
1. To be paid for whatever he SPENT for treatment,
medicine, and salary wages unearned by him because
of his inability to work.
2. Recover for the LOSS or IMPAIRMENT of EARNING
CAPACITY whether temporary or permanent.

MORAL DAMAGES

- Physical injuries
- Crimes of Seduction, Abduction, Rape or Lascivious Acts
- Adultery,/ Concubinage
- Illegal Arrest, Illegal Search
- Libel, Slander, Defamation
- Malicious Prosecution
 EXEMPLARY DAMAGES

CIVIL LIABILITY EX DELICTO for death caused by a crime:

(P. 913) AN INDEPENDENT CIVIL ACTION MAY BE BROUGHT BY THE INJURED

PARTY DURING THE PENDENCY OF THE CRIMINAL CASE, PROVIDED RIGHT IS
RESERVED.

Reservation of the right to institute separate civil action is

necessary in the following cases:

1. ARTICLE 32
- Any public officer/employee/private individual who
directly or indirectly obstructs, defeats, violate any of
the rights and liberties of another shall be liable for
damages. (mostly were freedom and rights provided by the
bill of rights)

2. ARTICLE 33
- In cases of Defamation, Fraud, and Physical Injuries.

3. ARTICLE 34
- In cases against member of a city or municipal police
force for refusing or failing to render aid or protection
to any person in case of danger to life or property.

4. ARTICLE 2176
- In an action for damages arising from FAULT or
NEGLIGENCE, there being no pre-existing contractual
relation between the parties. (Quasi-Delict)

EFFECT OF RESERVATION OF RIGHT TO INTERVENE IN PROSECUTION OF

CRIMINAL CASE.

1. Loses his right to intervene in the prosecution of the

criminal case.
2. Appelant no longer had any right to move for the
reconsideration / appeal form the decision in the
 criminal case (as it decided the question of civil
indemnity, for appellant no longer had any standing in
the case).

ARTICLE 38 OF THE CIVIL CODE

- Modified the provisions of Rule 107, ROC.

- A civil action to recover damages for physical inuries,
distinct and separate from the criminal action and of
which it shall proceed independently, may be brought by
the injured party; HENCE, the right to file said
complaint for damages need not even be reserved.

IF THE OFFENDED PARTY IN THE CRIMINAL CASE IS REPRESENTED BY A PRIVATE

PROSECUTOR, HE CANNOT FILE AN INDEPENDENT CIVIL ACTION.

Offended party elected to claim the civil liability in the

criminal case by intervening therein through a PRIVATE PROSECUTOR and
COURT = did not award any civil liability (offended party did not
present evidence). HE CANNOT FILE AN INDEPENDENT CIVIL ACTION.

When the accused pleaded guilty during the arraignment, so that the
offended party could not have expressly renounced his right to file
the civil action or reserved the same, can the latter subsequently
file a civil action for indemnity for physical and moral damages
caused by the accused?

Mere appearance of a private prosecutor does not necessarily

constitute intervention on the part of the aggrieved party, there
being no chance for the same to present evidence in support of the
claim for damages and to enter a reservation in the record to file a
separate civil action.

PREJUDICIAL QUESTION
- Based on a fact distinct and separate from the crime but
so intimately connected with it that it determined the
guilt or innocence of the accused.

- One which arises in a case, the resolution of which is a

logical antecedent of the issue involved in said case,
and the cognizance of which pertaines to another
tribunal.
ELEMENTS OF PREJUDICIAL QUESTION

Two (2) Essential Elements:

1. The civil action involves an issue similar or intimately
related to the issue raised in the criminal action;

2. The resolution of such issue determines whether or not the

criminal action may proceed.

1. Must be determinative of the case before the court;

2. Jurisdiction to try said question must be lodged in another
tribunal.

Prejudicial question is another exception to the rule that the

criminal action shall be decided first and that the civil action
should be suspended.

Prejudicial questions must be decided before any criminal prosecution

may be instituted or may proceed.

VENUE OF THE ACTIONS.

Philippines = Courts are vested with both civil and criminal

jurisdiction, the principle of prejudicial question is to be applied
even if there is only one court before which the civil action and the
criminal action are to be litigated.

Example of Prejudicial Question:

1. Pending Appeal before the Supreme Court:

Principal Question: Genuineness of a certain document
Appellee filed a Motion alleging that the said document was
false.
The Supreme Court resolved that when the appeal was to be
determined on the merits, the said motion would be decided.

Eventually, appellee filed with the City Fiscal a complaint for

falsification based on the same document. (subject of the appeal)

Was it proper for the fiscal to proceed with the

investigation of the criminal complaint for falsification?
 No. Fiscal must wait until the case before the SC is
decided because if the SC should decide that the document is
genuine such finding would be contrary to the stand taken by the
Fiscal.

2. Pendency of a Petition for Judicial Declaration of Nullity on the

first marriage NOT A PREJUDICIAL QUESTION TO BIGAMY.

BECAUSE prior to the declaration of nullity, the crime had

already been consummated.

It will only be a prejudicial question for bigamy IF it is proved

that the accused’s consent to such marriage was obtained through
DURESS, VIOLENCE AND INTIMIDATION in order to establish that his
act was involuntary and cannot be the basis for conviction.

When civil action not a prejudicial question.

If the second wife filed a civil action against the accused
charged with bigamy, alleging that the accused by means of force
and threats forced her to marry him, the accused cannot properly
claim that the civil action is a prejudicial question because
even if the allegation in the civil case is true, the fact
remains that the accused contracted the second marriage
involuntary.

3. Civil case : Unpaid wages

In that case, the obligation of defendants to pay wages was in
issue. Then,
Criminal Case: Protracted delay in the payment of wages as
penalized by Com. Act No. 303.

Defendants asked for the suspension of the civil action until the
criminal case be finally disposed of.

Must the court order the suspension of the trial of the

civil action?

No. The obligation to pay wages is a prejudicial question,

for there can be no extended delay in the payment of such
obligations unless the obligation be first proved.
 WHEN THE QUESTION IS NOT DETERMINATIVE OF THE GUILTY OR INNOCENCE
OF THE PARTIES CHARGED WITH ESTAFA, IT IS NOT A PREJUDICIAL
QUESTION.

AN ACQUITTAL IN A CRIMINAL CASE IS NOT EVIDENCE OF INNOCENCE IN

SUBSEQUENT CIVIL ACTION BASED UPON THE ALLEGED CRIMINAL ACT.

WHEN TO PLEAD PREJUDICIAL QUESTION.

CHAPTER TWO
WHAT CIVIL LIABILITY INCLUDES

ART. 104. What is included in civil liability – The civil

liability established in Art. 100, 101, 102 and 103 of this code
includes:
1. Restitution;
2. Reparation of damage caused;
3. Indemnification for consequential damages.

CIVIL LIABILITY IN CRIMINAL CASES.

First remedy : REPARATION (act of restoration)

If cannot be made, the law allows REPARATION.
In either case, INDEMNITY for consequential damages may be required.

There are crimes where there is no civil liability.

 THEFT OR ROBBERY
- When property is recovered – only REPARATION.

 ASSAULT UPON A PERSON IN AUTHORITY (without physical injuries)

- Not one of them is possible.

 CRIME OF OCCUPATION OF REAL PROPERTY

- Restitution (Restore real property)
 - Reparation (repair damages)
- Indemnification (indemnify the offended party)

When property taken away is NOT RECOVERED, the court must order the
accused to RESTORE it to its owner or, an an alternative, to PAY its
just value.

CIVIL LIABILITIES PECUNIARY LIABILITIES

Both includes: Reparation
Indemnification
Includes: Restitution Does not include: Restitution

(because it refers to
liabilities to be PAID OUT of the
property of the offender)

(In restitution, there is

nothing to pay in terms of money,
as the property unlawfully taken
is RETURNED)

Does not include: Fine Includes: Fine

Costs of proceedings Costs of proceedings

Art. 105. Restitution – How made. – The restitution of the things

itself must be made whenever possible, with allowance for any
deterioration or diminution of value as determined by the court.

The things itself shall be restored, even though it be found in

the possession of a third person who has acquired it by lawful means,
saving to the latter his action against the proper person who may be
liable to him.

This provision is not applicable in cases in which the things has

been acquired by the third person in the manner and under the
requirements which, by law, bar an action for its recovery.

The restitution of the thing itself must be made whenever possible.

The convict cannot, by way of restitution, give to the offended
party a similar thing of the same amount, kind or species and quality.

*** The civil liability of the appelant is not governed by the Civil
Code, but by Articles 100-111 of the Penal Code**
** The sentence should be for the return of THE VERY THING TAKEN
(Restitution) or if it cannot be done, for the PAYMENT OF ITS VALUE
(Reparation)**

Is Art. 105 properly applied to the forfeiture of the house built with
the money malversed by a public officer?

“With allowance for any deterioration or diminution of value”

- If the property stolen while in the possession of the
thief suffers deterioration then the thief shall be
ordered to pay such amount of deterioration, in addition
to the return of the property.

- **court shall determine the amount**

“The thing itself shall be restored, even though it be found in the

possession of a third person who has acquired it by lawful means”

The GENERAL RULE: the owner of property illegally taken by the

offender can recover it from whomsoever is in possession thereof.

“Who has acquired it by lawful means”

- Even if the property stolen was acquired by a third

person by purchase without knowing that it had been
stolen, such property shall be RETURNED to the owner.

- If he knows that it is stolen, he is an accessory.

Under the Civil Code, the person who has lost any personal property or
has been unlawfully deprived thereof cannot obtain its return without
reimbursing the price paid therefor, only when the possessor thereof
acquired it in good faith at a public sale.

One who has unlawfully deprived of any movable property may

recover it from the person in possession of the same.

If the possessor of a movable lost or of which the owner

has been unlawfully deprived, has acquired it in good faith at a
public sale, the owner cannot obtain its return without
reimbursing the price paid therefor.
Must be acquired (1) “at public sale” and (2) “in good faith”.

A -> convicted of Estafa for having pawned the jewels which was
sold to him by B.

Having found that the jewels had been pawned by A to a pawnshop, B

filed a petition in court to require the RESTITUTION of the said
jewels.

In this case, the owner of the pawnshop may be obliged to make

restitution because although he acted in good faith, he did not
obtained it through public sale.

The pawnshop owner may seek his remedy from the person who pawned the
jewels.

Restitution cannot be ordered before final judgment.

Things involved which are in custody of a possessor in good

faith, cannot be returned by the trial court UNTIL FINAL JUDGMENT has
already been rendered because the mere filing of a criminal action is
no proof that the crime has actually been committed.

When the third person acquired the thing “in the manner and under the
requirements which, by law, bar an action for its recovery”

Restitution shall not be ordered when the thing has been acquired by a
third person in the manner and under the circumstances which by law,
bar an action for its recovery.

1. Innocent purchaser for value of property covered by a Torrens

Title (Torrens title is the certificate of ownership issued by
the land Register of Deeds, naming and declaring the real
property free from all liens and encumbrance)

2. When sale is authorized, the property cannot be recovered.

( The fact that the latter sold it in a price lower than it it
fixed DOES NOT prevent the passing of title to the purchases and the
property cannot be recovered by the previous owner)

(It is not the price that constitute a crime but the act of
misappropriating the proceeds of the sale)
 A person who is not a party in the case cannot recover in the
criminal action any indemnity from the accused.

Example: A stole carabella of B.

A sold it to C for Php 100

Then: A was charged with THEFT

Court ordered C to return the animal to B and ordered
A to indemnify C.

Can C recover the Php 100 in the same case?

o No. In selling the animal to C, A pretended to be
the owner thereof, thereby committing estafa, which
is another offense.

When the liability to return a thing arises from contract, not from a
criminal act, the court cannot order its return in the criminal case.

**Liability arises from civil contract may not be enforced in the

criminal case**

Restitution may be ordered, even if accused is acquitted, provided the

offense is proved and it is shown that the thing belongs to somebody
else.

Accused is acquitted = court should not order the return of the

property to its alleged owner.

BUT IF IT IS SHOWN THAT THE THINGS WAS IN THE POSSESSOON OF SOMEBODY

ELSE and it was stolen from him, but the identity of the thief is not
established by the prosecution, the court shall order the return to
the owner.

Is restitution limited only to crimes against property?

IF NOT A CRIME AGAINST PROPERTY  NO RESTITUTION/REPARATION

EXCEPTIONS:
- Treason
- Abduction
- Return of the Usurious Interest

Salary of acquitted accused may not be ordered paid in criminal cases.

The Court has authority to order the reinstatement of the accused
acquitted of a crime punishable by the penalty of perpetual or
temporary disqualification.

ART. 106. Reparation – How made. – The court shall determine the
amount of damage, taking into consideration the price of the thing,
whenever possible, and its special sentimental value to the injured
party, and reparation shall be made accordingly.

Reparation will be ordered by the court if restitution is not

possible.

When the stolen property cannot be returned, he will be required

to pay the actual price of the things plus its sentimental value to
its owner.

If there is NO EVIDENCE as to the VALUE of the thing unrecovered,

REPARATION CANNOT BE MADE.

What reparation includes.

1. Repair of the material damages caused by the robbers (breaking

doors, wardrobes, etc. in addition to the value of the thing taken.

2. In cases of rape, the woman’s torn garments shall also be

paid.

Civil damages are limited to those caused by and flowing from the
commission of the crime.

The civil damages may be recovered in criminal action are limited

to consequential damage caused by, and flowing from, the commission of
the crime of which the accused is convicted.

Payment by the insurance company does not relieve the offender of his
obligation to repair the damage caused.

**payment of the insurance company was not made on behalf of the

accused, but was made pursuant to its contract with the owner of the
car**
ART. 107 – INDEMNIFICATION – WHAT IS INCLUDED. – Indemnification of
consequential damages shall include not only those caused the injured
party, but also those suffered by his family or by third person by
reason of the crime.

Indemnity refers generally to crimes against persons; reparation to

crimes against property.

**Indemnity is ordinarily the remedy granted to the victims of

crimes against persons; reparation, to the victims of crimes against
property.

Examples of damages caused the injured party.

PHYSICAL INJURIES
- Injured : entitled to be paid for whatever he spent for
treatment.
: Unearned salary
: damages sustained by him because of loss of a
limb or the lessening of his earning capacity.

Indemnity for medical service still unpaid may be recovered.

Even if there was no actual payment of the doctor’s fee, the
amount necessary to pay the doctor was taken into account in awarding
the damages.

Contributory negligence on the part of the offended party reduces the

civil liability of the offender.

When civil indemnity may be increased on appeal.

Civil indemnity may be increased only if it will not require an
aggravation of the decision in the criminal case on which it is based.

Accused may not be convicted of a more serious offense or

sentenced to a higher penalty to justify the increase in the civil
indemnity.

Damages recoverable in case of death.

1. Civil liability ex delicto
2. Loss of the earning capacity
3. Support in favor of a person whom the deceased was obliged to
give (such person not being an heir of the deceased)
4. Moral damages for mental anguish in favor of spouse, descendants,
and ascendants of the deceased.
 5. Exemplary damages (damages awarded to a plaintiff above the value
of actual loss sustained so that they serve also as a punishment
to the defendant and a deterrent to others )

Damages in crimes and quasi-delicts.

In crimes and quasi-delicts, the defendant shall be liable for
all damages which are the natural and probable consequences of the act
or omission complained of.

Civil indemnity for murder and homicide increased to Php 75,000.00.

- Murder (Civil : Php 75,000.00 / Moral : Php 50,000.00)

Such damages are awarded AUTOMATICALLY.

Damages for crimes qualified by circumstance where the death penalty

may be imposed.

All damages awarded shall earn legal interest at the rate of 6%

per annum from the date of finality of judgment until fully paid.

ART. 108 – Obligation to make restoration,

The heirs of the person liable has no obligation if restoration is not

possible and the deceased left no property.

Civil liability is possible only when the offender dies after the
final judgment.

If the death of the offender took place before any final judgment
of conviction, the action for restitution, reparation, or
indemnification must be dismissed.

Indemnity not possible in acquittal, right of heirs of deceased.

Heirs of the deceased have a right to enforce the civil

responsibility of the accused in their favor in a civil action.

ART. 109. Share of each person civilly liable.

Apportionment of Civil Liability

Should be apportioned among the persons who cooperated in the

commission of the crime according to the degree of their liability,
responsibilities, and actual participation.
ART. 110. Several and subsidiary liability of principals, accomplices,
and accessories of felony – Preference in payment….

Civil and subsidiary liabilities of principals.

PRINCIPAL -> Solidarily liable

Civil and subsidiary liabilities of accomplices.

PRINCIPAL -> Primarily Liable for his own part of the indemnity.
SEVERAL ACCOMPLICES -> Jointly and Severally Liable for the
portion adjudged against them and Subsidiarily liable for the portion
of their principal in case of the latter’s insolvency.

ART. 111. Obligation to make restitution in a certain case. –

Not criminally liable.

The person who participated gratuitously in the proceeds of a

felony referred to in this article is not criminally liable.

Must not be an accessory.

If that person knew that the property came from an illegal

source, he is an accessory and he is not only civilly liable but also
criminally liable.

“Participated gratuitously”

“innocent person” who has participated in the proceeds of a

felont through the liberality of the offender.

He should not have paid for the stolen property which he received
from the offender.

Example of the application of Article 111.

The fortune of the innocent person must be augmented by his

participation in the proceeds of the crime.
 CHAPTER THREE
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

ART. 112. Extinction of civil liability – Civil liability established

in Art. 100, 101, 102 and 103 of this Code shall be extinguished in
the same manner as other obligations, in accordance with the
provisions of the Civil Law.

Civil Liability is extinguished by:

1. Payment/performance
2. Loss of the thing due
3. Condonation/Remission of debt
4. Confusion or Merger of Rights of Creditor and Debtor
5. Compensation
6. Novation

Other causes of extinguishment:

1. Annulment
2. Rescission
3. Fulfillment of Resolutory Condition
4. Prescription (Art. 1231 of the Civil Code.

Civil liability is extinguished by subsequent agreement between the

accused and the offended party.
Effect of condonation of civil liability

Express condonation by the offended party has the effect of

waiving the civil liability with regard to the interest of the injured
party.

Civil liability may arise from –

1) Crime
2) Breach of Contract (Culpa Contractual)
3) Tortious Act (Culpa Aquiliana)
Offender is civilly liable even if stolen property is lost by reason
of force majeure.

ART. 113 – Obligation to satisfy civil liability – Except in case of

extinction of his c.

“Notwithstanding the fact that he x x x has not been required to serve

the same (sentence) by reason of amnesty, pardon, commutation of
sentence, or any other reason”

Amnesty wipes all traces of crimes BUT IT DOES NOT EXTINGUISH THE
CIVIL LIABILITY OF THE OFFENDER.

Application for probation affects only the criminal aspect of the

case.

Probation - disposition under which a defendant, after conviction

and sentence, is released subject to conditions imposed by the Court
and to the supervision of a probation officer”.