Art. 100 - 113 (Civil Liability) Flashcards
State:
Article 100. Civil liability of a person guilty of felony.
Every person criminally liable for a felony is also civilly liable.
State:
Article 101. Rules regarding civil liability in certain cases.
The exemption from criminal liability established in subdivisions 1, 2, 3, 5, and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption from civil liability, which shall be enforced subject to the following rules:
First rule of Article 101
First: In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile or insane person, and by a person under fifteen years of age, or over fifteen but under eighteen years of age, who has acted without discernment, shall devolve upon those having such a person under their legal authority or control, unless it appears that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile, or minor under his authority, legal guardianship, or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law.
Second rule of Article 101
Second: In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm has been prevented shall be civilly liable in proportion to the benefit which they may have received.
The courts shall determine, in their sound discretion, the proportionate amount for which each one shall be liable.
When the respective shares cannot be equitably determined, even approximately, or when the liability also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the damage has been caused with the consent of the authorities or their agents, indemnification shall be made in the manner prescribed by special laws or regulations.
Third rule of Article 101
Third, In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence or causing the fear shall be primarily liable and secondarily, or, if there be no such persons, those doing the act shall be liable, saving always to the latter that part of their property exempt from execution.
Who has primary civil liability for acts committed by a person insane, imbecile, under 15, or over 15 but under 18 (Art. 12, nos. 1, 2, and 3)?
Primary liability is on the person who has control or authority over them (i.e. parents, guardian), unless he is without fault or negligence.
Who has secondary civil liability for acts committed by a person insane, imbecile, under 15, or over 15 but under 18 (Art. 12, nos. 1, 2, and 3)?
Secondary liability is on the property of the minor or insane, if there be no such person, or if he is insolvent, except property exempt from liability.
Who has primary civil liability for acts committed by one who avoided a greater evil or injury (Art. 11, no. 4)?
Primary liability is on the one who benefited from such avoidance. If there were several persons benefited, the court shall determine their proportionate share.
Who has primary civil liability for acts committed in irresistible force or uncontrollable fear (Art. 12, nos. 5 and 6)?
Primary liability is on the person employing the force or causing the fear.
Who has secondary civil liability for acts committed in irresistible force or uncontrollable fear (Art. 12, nos. 5 and 6)?
Secondary liability is on the person doing the act, save for their property exempt from execution.
State:
Article 102. Subsidiary civil liability of innkeepers, tavern keepers, and proprietors of establishments.
In default of the persons criminally liable, innkeepers, tavern keepers, and any other persons or corporations shall be civilly liable for crimes committed in their establishments, in all cases where a violation of municipal ordinances or some general or special police regulations shall have been committed by them or their employees.
State:
Article 103. Subsidiary civil liability of other persons.
The subsidiary civil 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.
State:
Article 104. What is included in civil liability.
The civil liability established in Articles 100, 101, 102, and 103 of this Code includes:
- Restitution;
- Reparation of the damage caused;
- Indemnification for consequential damages
State:
Article 105. Restitution - How made.
The restitution of the thing itself must be made whenever possible, with allowance for any deterioration of diminution of value as determined by the court.
The thing itself shall be restored, even though it be found in the possession of a third person who 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 thing has been acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery.
State:
Article 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.
State:
Article 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 a third person by reason of the crime.
What is restitution?
Restitution is the return of the thing itself whenever possible.
When is there a reparation of the damage caused?
If restitution is not possible, reparation of the damage caused shall be 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.
What does indemnification for consequential damages include?
It includes not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime.
State:
Article 108. Obligation to make restoration, reparation for damages, or indemnification for consequential damages and action to demand the same.
The obligation to make restoration or reparation for damages and indemnification for consequential damages devolve upon the heirs of the person liable.
The action to demand restoration, reparation and indemnification likewise descends to the heirs of the person injured.
State:
Article 109. Share of each person civilly liable.
If there are two or more persons civilly liable for a felony, the courts shall determine the amount for which each must respond.
State:
Article 110. Several and subsidiary liability of principals, accomplices, and accessories of a felony - Preference in payment.
Notwithstanding the provisions of the next preceding article, the principals, accomplices, and accessories, each within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiarily for those of the other persons liable.
The subsidiary liability shall be enforced, first against the property of the principals; next, against that of accomplices, and lastly against that of the accessories,
Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been made shall have a right of action against the others for the amount of their respective shares.
State:
Article 111. Obligation to make restitution in a certain case.
Any person who has participated gratuitously in the proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of such participation.
When are civil damages awarded?
People vs. Ireneo Jugueta (GR No. 202124, April 5, 2016)
First, civil indemnity ex delicto is the indemnity authorized in our criminal law for the offended party, in the amount authorized by the prevailing judicial policy and apart from other proven actual damages, which itself is equivalent to actual or compensatory damages in civil law. This award stems from Article 100 of the RPC which states, “Every person criminally liable for a felony is also civilly liable.”
In our jurisdiction, civil indemnity is awarded to the offended party as a kind of monetary restitution or compensation to the victim for the damage or infraction that was done to the latter by the accused, which in a sense only covers the civil aspect.
Thus, in a crime where a person dies, in addition to the penalty of imprisonment imposed to the offender, the accused is also ordered to pay the victim a sum of money as restitution.
