CIVIL LIABILITY ARISING FROM CRIMINAL LIABILITY

HIPOLITO, GRACE VELASCO, ZOE

CIVIL LIABILITY

Art. 100: Civil Liability of a person guilty of felony-

Every person criminally liable for a felony is also civilly liable

RATIONALE

Social Injury

Personal Injury

CIVIL LIABILITY ARISING FROM OFFENSES

NCC 20: Every person, who contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same NCC 1161: Civil obligations arising from criminal offenses shall be governed by the penal laws

Civil liability in the NCC:

Civil liability in the RPC: (Art. 104)

Restitution Reparation of the damage caused Indemnification for consequential damages

NCC 2176: The civil liability arising from negligence under the RPC is entirely separate and distinct from the responsibility for fault or negligence called a quasi-delict (fault or offense arising if there was no pre-existing contractual relation between the parties) NCC 2177: But the party claiming payment for the damage done cannot recover twice for the same act or omission of the defendant

HOW TO ASSESS DAMAGES THAT MAY BE RECOVERED IN CRIMINAL CASES 1/2

Crimes against property

(if

the thing itself cannot be restored):

Price of the thing

Special sentimental value

HOW TO ASSESS DAMAGES THAT MAY BE RECOVERED IN CRIMINAL CASES 2/2

Crimes against persons

Payment for treatment

Unearned salary or wages

NCC 2219

KINDS OF DAMAGES: MORAL DAMAGES (NCC 2219)

physical injuries
crimes of seduction abduction

illegal or arbitrary detention/ arrest

illegal search libel, slander or any form of

rape/ other lascivious acts

adultery/ concubinage

defamation
malicious prosecution

EXEMPLARY DAMAGES (NCC 2230)

imposed when the crime was committed with one or more

aggravating circumstances

DAMAGES FOR DEATH CAUSED BY A CRIME 3/3

3. NCC 2206: Moral damages to: spouse, legitimate and illegitimate descendants and ascendants (because of mental anguish)
At least P3,000, even with mitigating circumstances

DAMAGES FOR DEATH CAUSED BY A CRIME 1/3

P 75,000 (People vs. Lucero, Dec. 26, 2010)

Other resulting liabilities of the offender: 1. Loss of earning capacity of the deceased-> unless the deceased had no earning capacity to begin with

DAMAGES FOR DEATH CAUSED BY A CRIME 2/3

2. NCC: 291-> Support (if the deceased was obliged to give support to:
Spouses Legitimate ascendants or descendants

Parents and acknowledged natural children and the legitimate or illegitimate

descendants of the latter

Parents and natural children by legal fiction and the legitimate and illegitimate

descendants of the latter

Parents and illegitimate children who are not natural

NO DAMAGE CAUSED BY THE COMMISSION OF THE CRIME= NO CIVIL LIABILITY

Example:

A slapped the face of the mayor who was then in the performance of his duty-> direct assault under RPC 148-> action did not cause injury-> thus, A is not civilly liable

A PERSON CRIMINALLY LIABLE FOR A FELONY IS ALSO CIVILLY LIABLE

Governed by penal laws and NCC laws (regulating damages):

Arts, 29-35, 2176, 2177, and 2202, 2204, 2206, 2216, 2230, 2233, and 2234 and Rule 111, Revised Rules of Criminal Procedure

ACQUITTAL IN A CRIMINAL CASE

RPC is silent. Revised Rules of Criminal Procedure: Acquittal in a criminal case does not equate to extinction of civil

liability
Civil action based on delict-> extinguished if upon final

judgement in the criminal action-> act or omission the civil liability may arise did not exist

from which

CASES WHERE CIVIL LIABILITY EXISTS EVEN WITH THE A NEGATIVE JUDGEMENT IN CRIMINAL LIABILITY

Acquittal on reasonable doubt Acquittal from a case of nonimputability Acquittal in the criminal action for negligence When there is only civil responsibility In cases of independent civil action

EXCEPTION TO THE RULE THAT EXTINCTION OF THE CRIMINAL ACTION DOES NOT EXTINGUISH CIVIL ACTION

Civil action is not allowed after the termination of

the criminal proceedings when the offended part has no right thereto

PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE)

1. Institution of criminal and civil actions (Sec. 2 (a))

Scenario: criminal action is instituted-> civil action for recovery of civil liability

is deemed instituted at the same time

UNLESS offended party:
waives the civil action reserves the right to institute it separately institutes the civil action prior to the criminal action

PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE) II. When civil action may proceed independently (shall only require a preponderance of evidence):
NCC 32: when a public officer or employee impedes or impairs specific rights and

liberties of another person (ex. Freedom of religion, speech, press, suffrage, etc) NCC 33: cases of defamation, fraud, and physical injuries-> NCC 34: case when a member of a police force refuses or fails to render aid or protection to any person in case of danger to life or property NCC 2176: quasi-delicts-> fault or negligence arising from absence of pre-existing contractual relations between the parties

PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE)

III. When separate civil action is suspended (SEC. 2, Rule 111 Revised Rules of Criminal Procedure)
After commencement of criminal action (not filing): civil action cannot arise until final

judgement Civil action has already commenced when subsequent criminal action was filed: civil action is suspended suspension shall last until final judgement on the criminal action offended party has the option to consolidate both actions to be tried and decided jointly

PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE)

IV. Judgement in civil action not a bar

When defendant is absolved from civil liability, criminal action may still

proceed for the same act of omission that was the subject of the civil action

PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE)

V. Suspension by reason of prejudicial question

Prejudicial question: 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 pertains to another tribunal Ex. A case for annulment of marriage is a prejudicial question to a bigamy case if its proved that the accused consent to such marriage was obtained by means of violence or intimidation thus, establishing that his act in a subsequent marriage was an involuntary one and the same cannot be the basis for conviction.

PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE)

VI. Attachment in criminal cases Accused is about to abscond from the Philippines When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is in a fiduciary capacity, or for a willful violation of duty When the accused has concealed, removed, or disposed of his personal property, or is about to do so When the accused resides outside the Philippines

REMEDY OF OFFENDED PARTY WHERE FISCAL ASKS FOR DISMISSAL

Ex. Criminal action is dismissed by the court on motion of the

fiscal upon the ground of insufficiency of evidence

offended party has NO RIGHT to appeal

Remedy: separate civil action

RIGHT TO APPEAL AS TO CIVIL LIABILITY

Convicted criminally but without judgement of civil liability:

private prosecutor has the right to appeal for purposes of the civil liability of the accused-> appellate court may remand the case to the TC to include the judgement Offended party has the right to be heard during the appeal

CIVIL LIABILITY MAY BE ADDED WITHIN THE 15- DAY PERIOD, EVEN IF THE CONVICT HAS STARTED SERVING SENTENCE

Notwithstanding that the judgement became final because the

accused had commenced the service of his sentence

After the 15-day period: no amendments can be made

ART. 101: RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES

Civil liability of persons exempt from criminal liability
Gen rule: Exemption from criminal liability does not include exemption from civil liability Exceptions// No civil liability in:
Par. 4, Art. 12: injury caused by mere accident. Par. 7, Art. 12: failure to perform an act required by law when prevented by some lawful or

insuperable cause

ART. 101: RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES

Persons civilly liable for acts of insane or minor exempt from criminal liability (Par. 1-3, Art.12)
Persons having legal capacity or control over them, if the latter are at fault or

negligent, they are PRIMARILY LIABLE

Insane, imbecile, or such minor become liable with their own property when:
1. No one is at fault or negligent 2. Someone is at fault or negligent but insolvent 3. There is no person having such authority or control

ART. 101: RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES

Persons civilly liable for acts committed by youthful offenders:
(Art. 201 of the Youth and Welfare Code)
1. Offenders father 2. Mother, in case of the fathers death or incapacity 3. Guardian, in case of mothers death or incapacity

ART. 101: RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES Persons civilly liable for acts committed by persons acting under irresistible force or uncontrollable fear:
1. The persons using violence or causing the fear are PRIMARILY LIABLE

2. If there be no such persons, those doing the act shall be liable

SECONDARILY

ART. 101: RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES

Civil liability of persons acting under justifying circumstances:

Gen. rule: No civil liability in justifying circumstances Except: par. 4 of Art, 11: where a person does not act, causing damage to

another, in order to avoid evil or injury

ART. 102: SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS, TAVERNKEEPERS, AND PROPRIETORS OF ESTABLISHMENTS
Elements under Par. 1
1. That the innkeeper, tavernkeeper or proprietor of the establishment or his employee committed a violation of a municipal ordinance or some general police regulation. 2. That the crime is committed in such inn, tavern or establishment.

Elements under Par. 2

1. That 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 guests followed the directions of the innkeeper or his representative with respect to the case of and 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.

3. That the person criminally liable is insolvent.

ART. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS:

The subsidiary liability established in the next preceding article

shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties.

ART. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS:

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

ART. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS:

Definition of Industry:
Refers to a form of productive work, especially of manufacture, or a particular class of productive work itself, a trade or manufacture.

ART. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS:

Exceptions:
1. A hospital doing charitable service is not engaged in an industry; hence, not

subsidiarily liable for acts of nurses.

2. The employment of diligence to be expected of a good father of a family in

the selection and supervision of his employees WILL NOT EXEMPT the parties subsidiarily liable for damages.
3. Private persons without business or industry, not subsidiarily liable

ART. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS:

Take Note:
1. Employer has the right to take part in the defense of his employee

2. Employer is subsidiarily liable for the full amount against his employee.

ART. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS:

Take Note:
1. Employer has the right to take part in the defense of his employee

2. Employer is subsidiarily liable for the full amount against his employee.

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Art. 112. Extinction of civil liability. Civil liability established in

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

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Civil liability may arise from:

1. Crime

2. Breach of contract (culpa contractual), or

3. Tortious act (culpa aquiliana)

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Civil liability is extinguished by:

1. By payment or performance 2. By the loss of thing due 3. By the condonation or remission of the debt 4. By the confusion or merger of the rights of the creditor and debtor 5. By compensation 6. By novation

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Other causes as provided for in Art. 1231 of the Civil Code:

1. Annulment

2. Rescission
3. Fulfilment of a resolutory condition 4. Prescription

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Offender is civilly liable even if the property stolen is lost by reason of force majeure:
1. 2.

For the return of the property For the payment of its value if it cannot be returned, and this is whether the property is lost or destroyed by the act of the malefactor or that any other person, or as a result of any other cause or causes.

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Art. 113. Obligation to satisfy civil liability. Except in case of extinction of his civil liability as provided in the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Effects of amnesty, pardon, commutation or probation:

1. Amnesty: wipes out all traces and vestiges of the crime but

DOES NOT EXTINGUISH the civil liability of the offender.

2.

Pardon: in no case will exempt the culprit from the payment of civil indemnity imposed on him by the sentence

3. Probation: still pay

ART. 72: PREFERENCE IN THE PAYMENT OF CIVIL LIABILITIES:

The person guilty of two or more offenses has two or more civil liabilities->

offender is required to pay the corresponding civil liabilities resulting from the different offenses
The order of payment of civil liabilities is based on dates of final judgements->

not based on the date of the commission of the offense, following the chronological order of the dates of the final judgements-> differs from criminal liability which is satisfied by successive service of sentences (Art. 70)

CASE: PEOPLE VS. PANADO

Danilo del Rosario was thirty-seven (37) years old at the time of his death. His

average income as fishpond caretaker was P3,000.00 a month. Hence, in accordance with the American Expectancy Table, the loss of earning capacity must be computed as follows: 2/3 multiplied by (80 minus age of the deceased).Since Danilo was 37 years of age at the time of his death, then his life expectancy was 28.66 years.

CASE: PEOPLE VS. PANADO

Net Earning Capacity (x) = Life x Expectancy Gross Annual Income Reasonable & Necessary Living Expenses

(x) = 2(80-37) 3 (x) = 28.66

x (P36,000 - P18,000) x P18,000

CASE: PEOPLE VS. PANADO

(x) = P 514,800.00

CIVIL LIABILITY ARISING FROM CRIMINAL LIABILITY

HIPOLITO, GRACE VELASCO, ZOE