Title V. Chapter 1- Persons Civilly Liable for Felonies

Question 1

Two classes of injuries

Answer 1

(1) Social injury – produced by the disturbance and alarm which are the outcome of the offense
- - repaired through the imposition of penalty

(2) Personal Injury – caused to the victim of the crime who may have suffered damage, either to his person, to his property, to his honor, or to her chastity
- - repaired through indemnity, w/c is civil in nature

Question 2

Basis of civil liability

Answer 2

obligation of everyone to repair or to make whole the damage caused to another by reason of his act/ omission, whether done intentionally or negligently, whether punishable or not by law

Question 3

What does civil liability include?

Answer 3

(1) restitution
(2) reparation of the damage caused
(3) indemnification for the consequential damages

Question 4

What happens when there is no damage caused by the commission of the crime?

Answer 4

offender is not civilly liable

Question 5

Since a person criminally liable is also civilly liable, does his acquittal in a criminal case mean extinction of his civil liability?

Answer 5

extinction of crim liab does not carry with it extinction of civil.

however, civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in criminal action that such act/ omission from which civil liability may arise did not exist

Question 6

When may civil liability exist, although the accused is not held criminally liable?

Answer 6

(1) acquittal on reasonable doubt; award in judgment of acquittal
(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 actions

Question 7

What is the general rule and exceptions in the institution of criminal and civil actions

Answer 7

GR: when a criminal action is instituted, civil action for the recovery of civil liability arising from the offense charged is deemed instituted w/ the criminal action

Exceptions:

(1) offended party waives the civil action
(2) reserves the right to institute it separately
(3) institutes civil action prior to the criminal action

Question 8

What kind of evidence is needed in an independent civil action?

Answer 8

preponderance of evidence

Question 9

When is a separate civil action suspended?

Answer 9

(1) after commencement of criminal action, a separate civil cannot arise until final judgment has been rendered

(2) criminal action filed after civil action is instituted
- - latter shall be suspended until final judgment is rendered in the criminal action

Question 10

Is a final judgment rendered in a civil action absolving the defendant from civil liability a bar to a criminal action?

Answer 10

no

Question 11

When will a civil action reserved by a complainant be allowed after the termination of the criminal proceedings?

Answer 11

(1) when judgment rendered is one of conviction

(2) if the accused is acquitted, complaint is based on some other fact/ ground different from the criminal act

Question 12

Is the commencement of criminal action a condition precedent to the filing and prosecution of civil action arising from crime?

Answer 12

not a condition precedent

Question 13

what is a prejudicial question?

Answer 13

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

Question 14

elements of a prejudicial question

Answer 14

(a) civil action involves an issue similar or intimately related to the issue raised in the criminal action
(b) the resolution of such issue determines whether or not the criminal action may proceed

(1) the prejudicial question must be determinative of the case before the court
(2) jurisdiction to try said question must be lodged in another tribunal

Question 15

Who are civilly liable for the acts of an insane, imbecile, or minor, exempted from criminally liability?

Answer 15

GR: persons having such person under their legal authority or control are primarily liable for the acts committed by such persons

Exception: minor shall respond with their own property not exempt from execution if:

(1) if there is no fault/ negligence on their part
(2) legal guardian is insolvent
(3) there is no legal guardian

Question 16

Who are civilly liable for acts committed by persons acting under irresistible force or uncontrollable fear?

Answer 16

Persons using violence or causing fear are PRIMARILY liable

if there is no such person, those doing the act shall be liable SECONDARILY

Question 17

What are the civil liability of persons acting under justifying circumstances?

Answer 17

GR: no civil liability

Exception: par. 4, art. 11, but the person civilly liable is the one benefited by the act which causes damage to another

Question 18

What are the elements of the subsidiary civil liability of innkeepers, tavern keepers , and proprietors of establishment?

Answer 18

(1) that the innkeepers, tavern keepers , and proprietors 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 etablishment
(3) that the person criminally liable is insolvent
* if all elements are present, innkeepers, tavern keepers , and proprietors of establishment is civilly liable for the crime committed in his etablishment

Question 19

When is an innkeeper subsidiarily liable? (what are the elements?)

Answer 19

(1) the guests notified in advance the innkeeper/ person representing him of the deposit of their goods w/in the inn or house
(2) the guests followed the directions of the innkeeper or his representative with respect to the care of and vigilance over such goods
(3) such goods of the guests lodging therein were taken by robbery w/ force upon things or theft committed within the inn or house
* no liability in case of robbery with violence against or intimidation of persons, UNLESS committed by the innkeeper’s employees

Question 20

What are the elements for an employer to be held subsidiary liable for the employee’s civil liability in criminal action?

Answer 20

(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) that said employee is insolvent and has not satisfied his civil liability