Art. 100

Question 1

The two classes of injuries (2)

Answer 1

1. Social injury
2. Personal injury

Question 2

What is social injury?

Answer 2

Injury that is produced by the disturbane and alarm which are the outcome of the offense

Question 3

What is personal injury?

Answer 3

Injury that is caused to the victim of the crime who may have suffered damaeg, either to his person, to his property, to his honor, or to her chastity

Question 4

How are social injury and personal injury repaired?

Answer 4

Social injury - repaired through imposition of the corresponding penalty
Personal injury - repaired through indemnity, which is civil in nature

Question 5

What does Art. 100 of the RPC state?

Answer 5

Every person criminally liable for a felony is also civilly liable

Question 6

Kinds of civil liabilities under Art. 104 of the RPC (3)

Answer 6

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

Question 7

The dual character of a crime (2)

Answer 7

1. An offense against the state
2. An offense against the private person injured by the crime unless it involves treason, rebellion, espoinage, contempt and others wherein no civil liability arises on the part of the offender

Question 8

What composes the damages in crimes against property?

Answer 8

Price of the thing and its special sentimental value to the injured party, if the thing itself cannot be restored

Question 9

What composes the damages in crimes against persons?

Answer 9

Whatever the injured party spent for the treatment of his wounds, doctor’s fees, and for medicine, as well as the salary or wages unearned by him because of his inability to work due to this injuries

Question 10

May damages be recovered for loss or impairment of earning capacity in cases of tempoary or permanent personal injury?

Answer 10

Yes

Question 11

When may exemplary damages be imposed?

Answer 11

When there are one or more aggravating circumstances

Question 12

If there is no damage caused by the commission of the crime, is the offender civilly liable?

Answer 12

No

Question 13

Is every person criminally liable also civilly liable?

Answer 13

Yes

Question 14

Does acquittal in criminal case mean extinction of civil liability?

Answer 14

RPC is silent on this but according to the Revised Rules of Criminal Procedure, the extinction of the penal action does not carry with it the extinction of the civil action. However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist

Question 15

Does the dismissal of the information or the criminal action affect the right of the offended party to institute or continue the civil action already instituted arising from the offense?

Answer 15

No

Question 16

Civil liability may exist, although the accused is not held criminally liable in these 5 cases:

Answer 16

1. Acquitted on reasonable doubt
2. Acquittal from a cause of non-imputability
3. Acquittal in the criminal action for negligence
4. When there is only civil responsibility
5. In cases of independent civil action

Question 17

What are the rules on instittuion of criminal and civil actions according to Rule 111? (2)

Answer 17

1. When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action UNLESS the offended party WAIVES the civil action, reserves the right to institute it separately, or institutes the civil action prior to the criminal action
2. The criminal action for violation of BP 22 shall be deemed to include the corresponding civil action. No reservation to file such civil action shal be allowed

Question 18

When shall the reservation of the right to institute separately the civil action?

Answer 18

Before the prosecution starts presenting its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation

Question 19

When may civil action proceed independently? (4)

Answer 19

In the cases provided for in the following Articles of the Civil Code:
1. 32
2. 33
3. 34
4. 2176
These only require preponderance of evidence

Question 20

When is the separate civil action suspended? (2)

Answer 20

1. After the criminal action has been commenced - Until final judgment
2. Before criminal action has been commenced - Suspended in whatever stage it may be found before judgment on the merits

Question 21

What actions are considered in Article 33 of the Civil Code in which a separate civil action may be filed? (3)

Answer 21

1. Defamation
2. Fraud
3. Physical injuries - “bodily injury” - Includes attemtped/frustrated homicide or even death

Question 22

If fraud is the basis for both the civil and criminal actions, are they to proceed independently?

Answer 22

Yes

Question 23

Art. 2176 of the Civil Code refers to what?

Answer 23

Quasi-delicts

Question 24

Requisites for Section 2 of Rule 111 (Suspension of civil action in view of commencement of the criminal action): (2)

Answer 24

1. When the claimant in the civil action is the offended party in the criminal action
2. Both cases arise from the same offense

Question 25

The basis of a civil action against a transportation company

Answer 25

Culpa contractual

Question 26

Cases in which the offended party may have the property of the accused attached as security for the satisfaaction of any judgment that may be recovered from the accused: (4)

Answer 26

1. When the accused is about to abscond from the Philippines
2. 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 a public officer, officer of a corporation, attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for a willful violation of duty
3. When the accused has concealed, removed, or disposed of his personal property, or is about to do so
4. When the accused resides outside the Philippines

Question 27

What is a prejudicial question?

Answer 27

This is another exception to the rule that the criminal action shall be decided first and that the civil action should be suspended

Question 28

Requisite for the principle on predjucial question to apply

Answer 28

There be two cases involved and that one is criminal and the other civil

Question 29

Define prejudicial question

Answer 29

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.
It is based on a fact distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused

Question 30

Elements of prejudicial question (2)

Answer 30

1. The civil action involves an issue similar or intimately related to the issue raised in the criminal action (Jurisdiction to try said question must be lodged in another tribunal)
2. The resolution of such issue determines whether or not the criminal action may proceed (The prejudicial question must be determinative of the case before the court)