DELICTS

(OBLIGATION EX MALEFICIO OR EXDELICTO)

RPC: Art. 100: Every person criminally liable for a felony is also civilly liable.

Governing Rules: Art. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. SCOPE OF CIVIL LIABILITY 1. Restitution 2. Reparation for damage caused 3. Indemnity for Consequential damages EFFECT OF ACQUITTAL IN CRIMINAL CASE 1. When due to reasonable doubt no civil liability 2. When due to exempting circumstances there is civil liability 3. When there is preponderance of evidence there is civil liability CRIMES WITHOUT CIVIL LIABILITY 1. Contempt 2. Insults to persons in authority 3. gambling 4. violations of traffic regulations (De Leon, 2003 ed.,p. 23)

Sample: Mario was convicted and sentenced to imprisonment by the Court for the crime of theft, the gold wrist watch, of Rito. In addition to whatever penalty that the Court may impose, Mario may also be ordered to return (restitution) the gold wrist watch to Rito. If restitution is no longer possible, for Mario to pay the value (reparation) of the gold wrist watch. In addition to either restitution or reparation, Mario shall also pay for damages (indemnification) suffered by Rito.

QUASI-DELICT/TORTS
(CULPA AQUILIANA or EX QUASI MALEFICIO)
Article 2176 of the Civil Code: Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this chapter. Governing Rules: Art. 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws. Basis of Liability: principle of equity Elements: 1. There must be an act or omission 2. There must be fault or negligence attributable to the person charged 3. There must be damage or injury 4. There must be a direct relation of cause and effect between the act arising from fault or negligence and the damage or injury (proximate cause); 5. There is no pre-existing contractual relation between the parties. Sample: If Pedro drives his car negligently and because of his negligence hits Jose, who is walking on the sidewalk of the street, inflicting upon him physical injuries. Then Pedro becomes liable for damages based on quasi-delict.

Failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury. (US v. Barrias, 23 Phil. 434 [1912])

DELICTS
(OBLIGATION EX MALEFICIO OR EXDELICTO)
1. Obligations Ex Delicto or Ex Maleficio a) RPC, subject to provision of Art. 2177 b) Chapter 2, Preliminary Title, on Human Relations c) Title 18 of Book IV of the CC-on damages Pertinent Provision of the Revised Penal Code Art 100 Every person criminally liable for a felony is also civilly liable. Liability of an Insane Criminal Exempted from criminal liability but his guardian can be held civilly liable. 4. Case Underage defendant, parents are held liable. What Civil Liability Arising from a Crime Includes a) Restitution b) Reparation of the damage caused c) Indemnification for consequential damages Effects of Aggravating and Mitigating Circumstances In crimes, the damages to be adjudicated may be, respectively, increased or lessened according to the aggravating or mitigating circumstances (Art 2204, CC) Aggravating(increased) Mitigating(decreased) Damages in Case of Death Art. 2206: 3k before, now 50k plus loss of earning capacity, moral damages etc. Civil Action Implicitly Instituted in Criminal Case Whenever a criminal action is instituted, civil action is also impliedly instituted. Unless: The offended party waives the civil action Reserves the right to institute it separately Institute civil action prior to the criminal action Effects of Death of the Criminal Offender Pending Trial Civil liability is directed against the guardian or administrator of the defendant

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10. Kind of Proof Needed Civil action-preponderance of evidence Criminal case- beyond reasonable doubt

11. Effects of Acquittal in Criminal Case 1. When due to reasonable doubt no civil liability 2. When due to exempting circumstances there is civil liability 3. When there is preponderance of evidence there is civil liability 12. Example of Independent Civil Actions Libel, fraud, physical injuries a civil action for damages may be brought separately from the criminal action. Such civil action shall proceed independently of the criminal prosecution, and shall proceed independently of the criminal prosecution, and shall require only preponderance of evidence (art 33, CC) 13. Effects of Reservation of the Civil Aspect Right to file a separate civil action. Proof should be given with respect to the amount. 14. Is there Need of making a Reservation of the Civil Case if a Criminal Case is First Brought to Court? YES 15. Recovery of Damages is SAME Case Despite Acquittal If a person is not criminally liable, it does not mean he is not civilly liable. 16. Affidavit of Desistance Affidavit of Desistance (such as an express pardon in private crimes after the filing of the criminal case) do not justify the dismissal of a criminal complaint. 17. Effect of Non-allegation of Damages In criminal case, civil liability may be claimed even if there is no specific allegation of damages in the information or complaint that has been filed.

QUASI-DELICT
(CULPA AQUILIANA or EX QUASI MALEFICIO)
1. Obligations Ex Quasi-delicts a) Chapter 2, Title 17, Book IV, CC b) Special Laws refer to all other laws not contained in the Civil Code. 2. Another Name for Quasi-Delict a) Tort b) Culpa aquiliana 3. Definition Quasi-Delict -fault or act of negligence which causes damages to another, there being no preexisting contractual relations between parties.
Art. 2176. Whoever by act or omission causes damage to another, there being fault o r negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no preexisting contractual relation between the parties, is called a quasi-delict and is governed by the provision of this chapter.

4. Example Head of the family that lives in a building is liable to answer for damages caused by the falling of any parts of a building. 5. Definition of Negligence Negligence is the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury. (U.S. v. Barrias) -negligence is a question of facts (Tucker v. Milan) 6. Test for determination of Negligence 1. Would a prudent man foresee harm to the person injured as a reasonable consequence of the course about to be pursued? or 2. Did the defendant, in doing the alleged negligent act, use the reasonable care and precaution which is an ordinary prudent man would have used in the same situation? For the existence of negligence, the following are necessary: a duty on a party of the defendant to protect the plaintiff from the injury of which the latter complains; a failure to perform that duty; and an injury to the plaintiff through such failure. 7. Requirements Before a Person Can be held liable for a quasi-delict 1. There must be an act or omission 2. There must be fault or negligence attributable to the person charged 3. There must be damage or injury 4. There must be a direct relation of cause and effect between the act arising from fault or negligence and the damage or injury (proximate cause); 5. There is no pre-existing contractual relation between the parties.

8. Culpa Aquilina of married minors If minors lives with their parents and are dependent on them, the parents would be liable. 9. Violation of an Obligation

Crime Distinguished from QuasiDelicts

In crime, there is criminal or malicious intent or criminal negligence, while in Torts, there is only negligence; In crime, the purpose is punishment, while in Torts, indemnification of the offended party; Crime affects public interest, while quasidelict concerns private interest In crime, there are generally two liabilities: criminal and civil, while in Torts, there is only civil liability; Criminal liability cannot be compromised or settled by the parties themselves, while the liability for quasi delict can be compromised as any other civil liability; In crime, the guilt of the accused must be proved beyond reasonable doubt, while in Torts the fault or negligence of the defendant need only be proved by preponderance (i.e., superior or greater weight) of evidence.