Art. 100 - 113 (Civil Liability)

Question 1

State:

Article 100. Civil liability of a person guilty of felony.

Answer 1

Every person criminally liable for a felony is also civilly liable.

Question 2

State:

Article 101. Rules regarding civil liability in certain cases.

Answer 2

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:

Question 3

First rule of Article 101

Answer 3

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.

Question 4

Second rule of Article 101

Answer 4

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.

Question 5

Third rule of Article 101

Answer 5

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.

Question 6

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)?

Answer 6

Primary liability is on the person who has control or authority over them (i.e. parents, guardian), unless he is without fault or negligence.

Question 7

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)?

Answer 7

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.

Question 8

Who has primary civil liability for acts committed by one who avoided a greater evil or injury (Art. 11, no. 4)?

Answer 8

Primary liability is on the one who benefited from such avoidance. If there were several persons benefited, the court shall determine their proportionate share.

Question 9

Who has primary civil liability for acts committed in irresistible force or uncontrollable fear (Art. 12, nos. 5 and 6)?

Answer 9

Primary liability is on the person employing the force or causing the fear.

Question 10

Who has secondary civil liability for acts committed in irresistible force or uncontrollable fear (Art. 12, nos. 5 and 6)?

Answer 10

Secondary liability is on the person doing the act, save for their property exempt from execution.

Question 11

State:

Article 102. Subsidiary civil liability of innkeepers, tavern keepers, and proprietors of establishments.

Answer 11

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.

Question 12

State:

Article 103. Subsidiary civil liability of other persons.

Answer 12

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.

Question 13

State:

Article 104. What is included in civil liability.

Answer 13

The civil liability established in Articles 100, 101, 102, and 103 of this Code includes:

1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages

Question 14

State:

Article 105. Restitution - How made.

Answer 14

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.

Question 15

State:

Article 106. Reparation - How made.

Answer 15

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.

Question 16

State:

Article 107. Indemnification - What is included.

Answer 16

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.

Question 17

What is restitution?

Answer 17

Restitution is the return of the thing itself whenever possible.

Question 18

When is there a reparation of the damage caused?

Answer 18

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.

Question 19

What does indemnification for consequential damages include?

Answer 19

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.

Question 20

State:
Article 108. Obligation to make restoration, reparation for damages, or indemnification for consequential damages and action to demand the same.

Answer 20

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.

Question 21

State:

Article 109. Share of each person civilly liable.

Answer 21

If there are two or more persons civilly liable for a felony, the courts shall determine the amount for which each must respond.

Question 22

State:
Article 110. Several and subsidiary liability of principals, accomplices, and accessories of a felony - Preference in payment.

Answer 22

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.

Question 23

State:

Article 111. Obligation to make restitution in a certain case.

Answer 23

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.

Question 24

When are civil damages awarded?

Answer 24

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.

Question 25

When are moral damages awarded?

Answer 25

People vs. Ireneo Jugueta (GR No. 202124, April 5, 2016)

Moral damages, on the other hand, may be awarded to compensate one for manifold injuries such as physical suffering, mental anguish, serious anxiety, besmirched reputation, wounded feelings and social humiliation.

These damages must be understood to be in the concept of grants, not punitive or corrective in nature, calculated to compensate the claimant for the injury suffered. Although incapable of exactness and no proof of pecuniary loss is necessary in order that moral damages may be awarded, the amount of indemnity being left to the discretion of the court, it is imperative, nevertheless, that (1) injury must have been suffered by the claimant, and (2) such injury must have sprung from any of the cases expressed in Article 2219 and Article 2220 of the Civil Code. x x x.

The rationale for awarding moral damages has been explained in Lambert v. Heirs of Rey Castillon: “[T]he award of moral damages is aimed at a restoration, within the limits possible, of the spiritual status quo ante; and therefore, it must be proportionate to the suffering inflicted.”

Question 26

When are exemplary damages awarded?

Answer 26

Also known as “punitive” or “vindictive” damages, exemplary or corrective damages are intended to serve as a deterrent to serious wrong doings, and as a vindication of undue sufferings and wanton invasion of the rights of an injured or a punishment for those guilty of outrageous conduct.

These terms are generally, but not always, used interchangeably. In common law, there is preference in the use of exemplary damages when the award is to account for injury to feelings and for the sense of indignity and humiliation suffered by a person as a result of an injury that has been maliciously and wantonly inflicted, the theory being that there should be compensation for the hurt caused by the highly reprehensible conduct of the defendant – associated with such circumstances as willfulness, wantonness, malice, gross negligence or recklessness, oppression, insult or fraud or gross fraud – that intensifies the injury.

Being corrective in nature, exemplary damages, therefore, can be awarded, not only due to the presence of an aggravating circumstance, but also where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender.

Question 27

State:

Article 112. Extinction of civil liability

Answer 27

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 Civil Law (Article 1231 of the Civil Code).

Question 28

How is civil liability extinguished according to the Civil Code?

Answer 28

Art. 1231. Obligations are extinguished:

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

Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of a resolutory condition, and prescription, are governed elsewhere in this Code.

Question 29

State:

Article 113. Obligation to satisfy civil liability.

Answer 29

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

Chapter 4. Section 1 of the Civil Code - Payment or Performance