Art. 101 - 103

Question 1

Exceptions to the rule that exemption from criminal liability does not include exemption from civil liability: (2)

Answer 1

1. No civil liability in Art. 12 (4) - injury caused by mere accident
2. No civil liability in Art. 12 (7) - Failure to perform an act due to some lawful or insuperable cause

Question 2

The only cases where there is civil liability under Article 11 (Justifying circumstances)

Answer 2

Paragraph 4 - Does an act to avoid a greater fear which causes damage to another

Question 3

Elements of of par.1 of Art. 102 regarding subsidiary civil liability of innkeepers, etc. (3) (Subsidiary civil liability of innkeepers, tavernkeepers or proprietors

Answer 3

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 liabile is insolvent
   VEI - Violation, Establishment, Insolvent

Question 4

Elements of of par.2 of Art. 102 regarding subsidiary civil liability of innkeepers, etc. (3)

Answer 4

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 guests followed the directions of the innkeeper or his representative with respect the care 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
   NFR - Notified, Followed, Robbery

Question 5

Elements of subsidiary civil liability of other persons under Art. 103 of the RPC (3)

Answer 5

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
   IFI - Industry, Felony, Insolvent

Question 6

Define “industry”

Answer 6

Any department or branch of art, occupation or business; especially; one which employes so much labor and capital and is a distinct branch of trade

Question 7

Before employers subsidiary liability is exacted, there must be adequate evidence showing that: (4)

Answer 7

1. They are indeed the employers of the convicted employees
2. That the former are engaged in some kind of industry
3. That the crime was committed by the employees in the discharge of their duties
4. That the execution against the latter has not been satisfied due to insolvency
   EIDI - Employers, Industry, Discharge, Insolvency

Question 8

These are the persons civilly liable in the absence of those criminally liable, the civil responsibility being a necessary part of the criminal liability: (5) Under Art. 102 and 103 of the RPC

Answer 8

1. Innkeeper, tavernkeeper, and any other person or corporation who committed violation of municipal ordinance or some general or special police regulation, and the person who committed a crime in his establishment cannot be found or is insolvent
2. Innkeeper, for robbery with force upon things or theft of goods of guests lodging therein, provided the guests notified the innkeeper in advance of the deposit of their goods within the inn, and provided furhter that such guests followed the directions of the innkeeper with respect to the care of and vigilance over such goods
3. The employer who is engaged in any industry, for the crime committed by his employee while in the discharge of his duties
4. Those having an imbecile or insane person or minor exempt from criminal liability under their legal authority or control, if they are at fault or negligent, for acts committed by the imbecile, insane or minor
5. Persons who acted under the compulsion of irresistible force or under the impulse of uncontrollable fear are civilly liable if the person who used violence or who caused the fear is insolvent or cannot be found