CRIMINAL LAW IV

CIVIL LIABILITY ARISING FROM A FELONY

A. IN GENERAL
B. CIVIL LIABILITY IN CERTAIN CASES
C. WHAT CIVIL LIABILITY INCLUDES
D. EXTINCTION OF CIVIL LIABILITY

A. IN GENERAL

Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for
a felony is also civilly liable.

 Civil liability arises from the commission of the felony.

 It is determined in the criminal action except if:

a. the offended party waives his right to file a civil action

b. the offended party reserves his right to institute it separately, or
c. the offended party institutes the civil action prior to the criminal action.

 Effect of ACQUITTAL:

• As a rule, if the offender is acquitted, the civil liability is extinguished, except:

a) if the acquittal is based on reasonable doubt

b) the acquittal was due to an exempting circumstance like insanity and
c) when the court finds that there is only civil liability.

B. CIVIL LIABILITY IN CERTAIN CASES

1) CIVIL LIABILITY FOR ACTS COMMITTED BY AN INSANE OR IMBECILE OR MINOR

UNDER 9 OR OVER 9 AND LESS THAN 15 WHO ACTED WITH DISCERNMENT
2) CIVIL LIABILITY FOR ACTS COMMITTED BY PERSONS ACTING UNDER
IRRESISTIBLE FORCE OR UNCONTROLLABE FEAR
3) CIVIL LIABILITY OF PERSONS ACTING UNDER JUSTIFYING CIRCUMSTANCES
4) CIVIL LIABILITY OF INNKEEPERS AND SIMILAR PERSONS
5) SUBSIDIARY LIABILITY OF OTHER PERSONS

 CIVIL LIABILITY OF PERSONS EXEMPT FROM CRIMINAL LIABILITY

• Exemption from criminal liability does not include exemption from civil liability.
• Exceptions:
1. There is no civil liability in paragraph 4 of Art. 12 which provides for injury caused
by mere accident.
2. There is no civil liability in par. 7 of Art. 12 which provides for failure to perform an
act required by law when prevented by some lawful or insuperable cause.

1) CIVIL LIABILITY FOR ACTS COMMITTED BY AN INSANE OR IMBECILE OR MINOR

UNDER 9 OR OVER 9 AND LESS THAN 15 WHO ACTED WITH DISCERNMENT

 A minor
• over 15 years of age
• who acts with discernment
◦ is not exempt from criminal liability.
◦ Parents are subsidiarily liable according to Art 2180 of the Civil Code.
 The final release of a child based on good conduct does not obliterate his civil liability
for damages.

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 2) CIVIL LIABILITY FOR ACTS COMMITTED BY PERSONS ACTING UNDER
IRRESISTIBLE FORCE OR UNCONTROLLABE FEAR

 The persons using violence or causing the fear are primarily liable.
 If there be no such persons, those doing the act shall be liable secondarily.

3) CIVIL LIABILITY OF PERSONS ACTING UNDER JUSTIFYING CIRCUMSTANCES

 There is no civil liability in justifying circumstances except in par. 4 of Art. 11

4) CIVIL LIABILITY OF INNKEEPERS AND SIMILAR PERSONS

ELEMENTS OF At 102 PAR. 1:

1. That the INNKEEPER, TAVERNKEEPER OR PROPRIETOR of establishment or

his employee committed a violation of municipal ordinance or some general or
special police regulation.
2. That a crime is committed in such inn, tavern or establishment.
3. That the person criminally liable is insolvent.

ELEMENTS OF PAR 2.

1. The guests notified in advance the innkeeper or the person representing him of the
deposit of their goods within the inn or house.
2. The guest followed the directions of the innkeeper or his representative with
respect to the care of the vigilance over such goods.
3. Such goods of the guests lodging therein were taken by robbery with force upon
things or theft committed within the inn or house.

 No liability shall attach in case of robbery with violence against or intimidation of

persons,
• unless committed by the innkeeper’s employees.

 It is not necessary that the effects of the guest be actually delivered to the innkeeper,
• it is enough that they were within the inn.

5) SUBSIDIARY LIABILITY OF OTHER PERSONS

Art 103 ELEMENTS:

1. The employer, teacher, person or corporation is engaged in any kind of industry.

2. Any of their servants, pupils, workmen, apprentices or employees commits a felony
while in the discharge of his duties.
3. The said employee is insolvent and has not satisfied his civil liability.

 No defense of diligence of a good father of a family.

 Supreme Court ruled that even though the guest did not obey the rules and
regulations, the guests will only be regarded as contributory negligence, but it won’t
absolve the management from civil liability (Esguerra notes)

 Subsidiary civil liability is imposed in the following:

1. In case of a felony committed under the compulsion of an irresistible force. The

person who employed the irresistible force is subsidiarily liable;
2. In case of a felony committed under an impulse of an equal or greater injury. The
person who generated such an impulse is subsidiarily liable.

C. WHAT CIVIL LIABILITY INCLUDES

Civil liability of the offender falls under three categories:

1. Restitution or Restoration
2. Reparation of the damage caused
3. Indemnification of consequential Damages

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 1. RESTITUTION OR RESTORATION

 Presupposes that
• the offended party was divested of property,
• and such property must be returned.

 If the property is in the hands of a third party,

• the same shall be restored to the offended party
• even if third party may be a holder for value and a buyer in good faith of the property

 Except when such third party buys the property from a public sale where the law
protects the buyer.

ILLUSTRATION:

If a third party bought a property in a public auction conducted by the sheriff, the buyer of the
property at such execution sale is protected by law. The offended party may only resort to
reparation of the damage done from the offender.

 Regardless of the crime committed,

• if the property is illegally taken from the offended party during the commission of the
crime,
• the court may direct the offender to restore or restitute such property to the offended
party.

ILLUSTRATION:

Where the offender committed rape, during the rape, the offender took the earrings of the victim.
The offender was prosecuted for rape and theft. The offender reasoned that he took the earrings
of the victim to have a souvenir of the sexual intercourse. Supreme Court ruled that the crime
committed is not theft and rape but rape and unjust vexation for the taking of the earning. The
latter crime is not a crime against property but a crime against personal security and liberty under
Title IX of Book II of the RPC.

 If there is violation of Anti-Fencing Law the fence

• incurs criminal liability
• aside from being required to restitute the personal property

 If RESTITUTION cannot be made then REPARATION should be made

 IF OFFENDER DIES provided he died after judgment became final:

• The heirs of offender
• shall assume the civil liability,
• but only to the extent that they inherit property from the deceased

 IF OFFENDED PARTY DIES:

• the heirs of the offended party step into the shoes of the latter to demand civil liability
from the offender.

2. REPARATION OF THE DAMAGE CAUSED

 Reparation is made by requiring the offender to pay the value of damages.

 The court determines the amount of damages by considering:

a) the price of the thing and
b) Its special sentimental value to the offended party by.

 If property is brand new, then there will be an allowance for depreciation

 The damages are limited to those caused by the crime.

3. INDEMNIFICATION OF CONSEQUENTIAL DAMAGES

 Indemnification of consequential damages refers to the loss of earnings, loss of profits.

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  Where DEATH results:
1. INDEMNITY: P50,000
2. Lost of Earning Capacity
3. Support to a non-heir
4. Moral damages for mental anguish…
5. Exemplary damages if attended by 1 or more aggravating circumstances
 Indemnification for consequential damages includes:
1) those caused the injured party
2) those suffered by the family, or
3) those suffered by 3rd person by reason of the crime
ILLUSTRATION:
The offender carnapped a bridal car while the newly-weds were inside the church. Since the car
was only rented, consequential damage not only to the newly-weds but also to the entity which
rented the car to them.
1) Espaňa v. People (2005)
The award for civil indemnity ex delicto is mandatory and is granted to the heirs of the victim
without need of proof other than the commission of the crime.
 In the crime of rape, the damages awarded to the offended woman is generally
P30,000.00 for the damage to her honor.
 The present procedural law
• does not allow a blanket recovery of damages.
• Each kind of damages must be specified and the amount duly proven.
 When there are several offenders,
• the court shall determine what shall be the share of each offender
• depending upon the degree of participation – as principal, accomplice or accessory.
 If there are more than one principal or more than one accomplice or accessory,
• the liability in each class of offender shall be subsidiary.
• Anyone of them may be required to pay the civil liability pertaining to such offender
• without prejudice to recovery from those whose share have been paid by another.
 If all the principals are insolvent, the obligation shall devolve upon the accomplice(s) or
accessory(s). But whoever pays shall have the right of covering the share of the obligation
from those who did not pay but are civilly liable.
 To relate with Article 38,
• when there is an order or preference of pecuniary (monetary) liability, therefore,
restitution is not included here.
 There is no subsidiary penalty for nonpayment of civil liability.
2) People vs. Tupal, 2003,
 Exemplary damages were awarded when the offense was committed with at least 1
aggravating circumstance.
D. EXTINCTION OF CIVIL LIABILITY
 Extinguished in the same manner as other obligations in accordance with the provisions
of the Civil Code.
 Loss of the thing due
• does not extinguish civil liability
• because if the offender cannot make restitution, he is obliged to make reparation.
 Unless extinguished, civil liability subsists
• even if the offender has served sentence consisting of deprivation of liberty or other
rights or has served the same, due to amnesty, pardon, commutation of sentence or any
other reason.