Art. 104 - 107

Question 1

What is included in civil liability under Art. 104 of the RPC (3)

Answer 1

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

Question 2

Distinguish civil liabilities from pecuniary liabilities

Answer 2

Image

Question 3

Define restitution

Answer 3

The return for of the very thing taken

Question 4

Define reparation

Answer 4

Payment for the value of the very thing taken when restitution cannot be done

Question 5

Requisites under Article 559 of the Civil Code so that the lawful owner cannot reacquire the property lost without reimbursing the price paid by the possessor: (2)

Answer 5

Property was acquired:
1. In good faith
2. At a public sale

Question 6

What are included in computing for the value of the reparation? (3)

Answer 6

1. Actual price of the thing
2. Sentimental value to its owner
3. Other material damage caused by the felony (i.e., broken doors in robbery, torn garments in rape)

Question 7

What does indemnity generally refer to? What about reparation?

Answer 7

Indemnity - Crimes against persons
Reparation - Crimes against property

Question 8

What is included in indemnification?

Answer 8

Damages against the injured party

Question 9

Damages recoverable in case of death: (5)

Answer 9

1. Civil liability ex delicto
2. For the loss if the earning capacity of the deceased
3. Support in favor of a person to whom the deceased was obliged to give, such person not being an heir of the deceased
4. Moral damages for mental anguish in favor of spouse, descendants and ascendants of the deceased
5. Exemplary damages in certain cases
   CLSME - Civil, Loss, Support, Moral, Exemplary

Question 10

Amount of civil indemnity for rape with homicide

Answer 10

Php 100,000.00

Question 11

Amount of civil indemnity and moral damages for rape by sexual assault

Answer 11

Php 30,000.00 as civil indemnity
Php 30,000.00 as moral damages
6% legal interest from date of finality of judgment

Question 12

Formulr for Net Earning Capacity which is used in computing for indemnity for lost earnings

Answer 12

Net earning capacity = Life Expectancy - (Gross Annual Income - Living Expenses)

Question 13

How is life expectancy calculated?

Answer 13

It is based on the American Expectancy Table of Mortality. Computed using the formula:
2/3 x (80 - age of deceased at the time of death)

Question 14

What are Temperate Damages?

Answer 14

a.k.a Moderate Damages
Under Article 2224 of the Civil Code, these are damages that are more than nominal but less than compensatory damages which may be recovered when the court finds that some pecuniary loss was suffered bu its amount cannot be proved with certainty

Question 15

Moral damages may be recovered in the following cases: (7)

Answer 15

1. Criminal offense resulting in phyiscal injuries
2. Seduction, abduction, rape, or other lascivious acts
3. Adultery or concubinage
4. Illegal or arbitrary detention or arrest
5. Illegal search
6. Libel, slander or any other form of defamation
7. Malicous prosecution
   PSAASLM - Phyiscal, Seduction, Adultery, Arrest, Search, Libel, Malicious

Question 16

What are exemplary damages?

Answer 16

a.k.a Corrective damages or “punitive” or “vindictive” damages
Damages which are imposed by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages (Art. 2229 of the Civil Code)
These serve as a deterrent to serious wrong doings

Question 17

Distinction between civil indemnity and moral damages

Question 18

Base amount for civil indemnity and damages for crimes where penalty is death but reduced to reclusion perpetua because of R.A. 9346

Answer 18

Php 100,000.00

Question 19

Base amount for civil indemnity and damages for crimes where penalty is reclusion perpetua

Answer 19

Php 75,000.00

Question 20

Base amount for civil indemnity and damages for other crimes that result in death and penalty consists of divisible penalties

Answer 20

Consummated - Php 50,000.00
Frustrated - Php 30,000.00
Attempted - Php 20,000.00

Question 21

In all cases where no documentary evidence of burial or funeral expenses is presented in court, how much is awarded as temperate damages?

Answer 21

Php 50,000.00