CRIM Civil Liability Art.

72: Preference in the payment of civil liabilities: - The person guilty of two or more offenses has two or more civil liabilities-> offender is required to pay the corresponding civil liabilities resulting from the different offenses - The order of payment of civil liabilities is based on dates of final judgements-> not based on the date of the commission of the offense, following the chronological order of the dates of the final judgements-> differs from criminal liability which is satisfied by successive service of sentences (Art. 70) Art. 100: Civil Liability of a person guilty of felony: Every person criminally liable for a felony is also civilly liable Rationale-> because there are 2 classes of injury/ Crime has a dual chacter: 1. Social injury: - outcome of the offense - offense is against the state-> disturbance of social order - repaired through the imposition of a penalty 2. Personal injury: - caused to the victim of the crime repaired through indemnity (civil in nature) - Exceptions: treason, rebellion, espionage, contempt and others where no civil liability arises from the offender Why is there no civil liability? -> no damages to be compensated or theres no PRIVATE PERSON injured by the crime ***In short, the basis of civil liability is: the obligation to repair the damage caused to another by reason of the offenders act or omission, whether done intentionally or negligently and whether or not punishable by law.

Civil liability arising from offenses Civil liability in the NCC: 1. NCC 20: Every person, who contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same 2. NCC 1161: Civil obligations arising from criminal offenses shall be governed by the penal laws 3. NCC 2176: The civil liability arising from negligence under the RPC is entirely separate and distinct from the responsibility for fault or negligence Civil liability in the RPC: (Art. 104) 1. Restitution

2. Reparation of the damage caused

3. Indemnification for consequential damages

called a quasi-delict (fault or offense arising if there was no pre-existing contractual relation between the parties) NCC 2177: But the party claiming payment for the damage done cannot recover twice for the same act or omission of the defendant

How to assess damages that may be recovered in criminal cases 1. Crimes against property (if the thing itself cannot be restored): a. Price of the thing b. Special sentimental value 2. Crimes against persons - Payment for treatment - Unearned salary or wages because of impairment of earning capacity (whether from temporary or permanent personal injury)-> NCC 2219 Kinds of Damages: 1. Moral damages (NCC 2219) -may be recovered from crimes resulting in: physical injuries crimes of seduction abduction rape/ other lascivious acts adultery/ concubinage illegal or arbitrary detention/ arrest illegal search libel, slander or any form of defamation malicious prosecution 2. Exemplary damages (NCC 2230) -imposed when the crime was committed with one or more aggravating circumstances 3. Damages for death caused by a crime -P 75,000 (People vs. Lucero, Dec. 26, 2010) - Other resulting liabilities of the offender: Loss of earning capacity of the deceased-> unless the deceased had no earning capacity to begin with NCC: 291-> Support (if the deceased was obliged to give support to: Spouses Legitimate ascendants or descendants Parents and acknowledged natural children and the legitimate or illegitimate descendants of the latter Parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter Parents and illegitimate children who are not natural

***Plus: to one not an heir-> if the deceased was supporting that person *** For a period not exceeding 5 years, the exact duration to be fixed by the court NCC 2206: Moral damages to: spouse, legitimate and illegitimate descendants and ascendants (because of mental anguish) At least P3,000, even with mitigating circumstances No damage caused by the commission of the crime= no civil liability - Offender may still be criminally liable for the felony committed - Ex. A slapped the face of the mayor who was then in the performance of his duty-> direct assault under RPC 148-> action did not cause injury-> thus, A is not civilly liable (Reyes) A person criminally liable for a felony is also civilly liable - Civil liability arising from crimes (ex delicto) - Governed by penal laws and NCC laws (regulating damages): Arts, 29-35, 2176, 2177, and 2202, 2204, 2206, 2216, 2230, 2233, and 2234 and Rule 111, Revised Rules of Criminal Procedure Acquittal in a criminal case - RPC is silent with regard to extinction of civil liability - Revised Rules of Criminal Procedure: Acquittal in a criminal case does not equate to extinction of civil liability Civil action based on delict-> extinguished if upon final judgement in the criminal action-> act or omission from which the civil liability may arise did not exist - Implications: Dismissal of information or the criminal action= offended party can still institute or continue the civil action arising from the offense because extinction of penal action does not carry with it the extinction of the civil one Ex. Accused-appellant died during the pendency if an appeal-> his criminal liability is extinguished-> but his civil liability survives Cases where civil liability exists even with the a negative judgement in criminal liability 1. Acquittal on reasonable doubt: - Payment of civil damages may be ordered without need for separate civil action - Reason: due process has been met - Separate civil action: may lead to clogging of court dockets 2. Acquittal from a case of nonimputability: - Those exempted from criminal liability are not exempt from civil liability - Those who are exempted from criminal liability: Imbecile or insane person Person under 15 years of age Over 15 but under 18 who has acted without discernment Those who acted under compulsion of an irresistible force or uncontrollable fear of an equal or greater injury 3. Acquittal in the criminal action for negligence - Civil action to recover damages remains

4. 5.

Theory: act is a quasi delict (NCC 2177) When there is only civil responsibility Must be judicially declared Used in the decision of acquittal In cases of independent civil action

Exception to the rule that extinction of the criminal action does not extinguish civil action - Civil action is not allowed after the termination of the criminal proceedings when the offended part has no right thereto-> ex. Acquittal in criminal action is based on the SAME FACTS used in judging the criminal act Prosecution if Civil Action Arising from a Crime (Rule 111: Revised Rules of Criminal Procedure) 1. Institution if criminal and civil actions (Sec. 2 (a)) - Scenario: criminal action is instituted-> civil action for recovery of civil liability is deemed instituted at the same time - UNLESS offended party: waives the civil action reserves the right to institute it separately institutes the civil action prior to the criminal action - applies only to civil liability arising from crime: thus, when the cause of action in the civil case is based on culpa contractual and not on the civil liability arising from the offense involved in the criminal case, Sec. 2 (a) Rule 111, DOES NOT APPLY. - *culpa contractual: obligation to pay for damages arising from a contract, and not from a crime-> basis of civil action against a transportation company, ex. Failure to carry passengers safely to the destination - Note BP. 22 violation: criminal action will automatically include civil action-> no reservation for civil action is allowed - Allegations of damages in information not necessary: provided there was no waiver of liability or reservation of right to a separate civil action by the offended party (RPC 100: understood the offender is liable for damages even without any allegation of damages) - Civil liability of the accuses extends in favour of persons not mentioned in the information: (same exceptions as to the bullet above) 2. When civil action may proceed independently (shall only require a preponderance of evidence): - NCC 32: when a public officer or employee impedes or impairs specific rights and liberties of another person (ex. Freedom of religion, speech, press, suffrage, etc) - NCC 33: cases of defamation, fraud, and physical injuries-> - NCC 34: case when a member of a police force refuses or fails to render aid or protection to any person in case of danger to life or property - NCC 2176: quasi-delicts-> fault or negligence arising from absence of pre-existing contractual relations between the parties ***Note: In no case may the offended party recover dames twice for the same act or omission charged in the criminal action.

3. When separate civil action is suspended (SEC. 2, Rule 111 Revised Rules of Criminal Procedure) - After commencement of criminal action (not filing): civil action cannot arise until final judgement - Civil action has already commenced when subsequent criminal action was filed: civil action is suspended-> suspension shall last until final judgement on the criminal action-> offended party has the option to consolidate both actions to be tried and decided jointly - In case of consolidation: evidence from civil action shall be automatically reproduced in the criminal action - Note: this does not contemplate the suspension of a JUDGEMENT ALREADY PROMULGATED - This applies only when: Claimant in the civil action is the offended party in the criminal action Both cases arise from the same offense 4. Judgement in civil action not a bar - When defendant is absolved from civil liability, criminal action may still proceed for the same act of omission that was the subject of the civil action 5. Suspension by reason of prejudicial question - Prejudicial question: 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 (a different court pertains to the difference of the cases tried in it.) - Elements of prejudicial question: The civil action involves an issue similar or intimately related to the issue raised in the criminal action The resolution of such issue determines whether or not the criminal action may proceed - May be filed in the office of the prosecutor or court conducting the preliminary investigation - Petition to suspended shall be filed in the same criminal action at any time before the prosecution rests - Ex. A case for annulment of marriage is a prejudicial question to a bigamy case if its proved that the accused consent to such marriage was obtained by means of violence or intimidation thus, establishing that his act in a subsequent marriage was an involuntary one and the same cannot be the basis for conviction. 6. Attachment in criminal cases - The offended party may have the property of the accused as security for the satisfaction of any judgement that may be recovered from the accused in the following cases: A. Accused is about to abscond from the Philippines B. 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 in a fiduciary capacity, or for a willful violation of duty C. When the accused has concealed, removed, or disposed of his personal property, or is about to do so D. When the accused resides outside the Philippines 7. Writ of Attachment, etc. may be issued in criminal cases

-criminal action within which the civil action is impliedly instituted: offended party may obtain a preliminary writ if attachment - What happens to the court where the civil action is pending? Even after the filing of the information in the criminal case, the court where the civil action is not ipso facto deprived of the power to issue preliminary and auxiliary writs. What kind of writs are available? Preliminary injunction Attachment Appointment of receiver Fixing amount of bonds Other processes of similar nature which do not go into the merits of the case Remedy of offended party where fiscal asks for dismissal Ex. Criminal action is dismissed by the court on motion of the fiscal upon the ground of insufficiency of evidence-> offended party has NO RIGHT to appeal Remedy: separate civil action Rationale: The continuation of the offended partys intervention in a criminal action depends upon the continuance of such action by the provincial fiscal. If the offended party can appeal, it would be tantamount to giving said offended party the discretion and control of the criminal proceeding. (The only way for intervention is to appeal from the order dismissing the action upon a question of law.) Right to appeal as to civil liability Convicted criminally but without judgement of civil liability-> private prosecutor has the right to appeal for purposes of the civil liability of the accused-> appellate court may remand the case to the TC to include the judgement Offended party has the right to be heard during the appeal Civil liability may be added within the 15- day period, even if the convict has started serving sentence Before the expiration of the 15-day period for appealing, the TC can amend the judgement of conviction by adding a provision for the civil liability of the accused Notwithstanding that the judgement became final because the accused had commenced the service of his sentence After the 15-day period: no amendments can be made. Art. 101: Rules Regarding Civil Liability in Certain Cases Civil liability of persons exempt from criminal liability - Gen rule: Exemption from criminal liability does not include exemption from civil liability - Exceptions// No civil liability in: 1. Par. 4, Art. 12 which provides for injury caused by mere accident. 2. Par. 7, Art. 12 which provides for failure to perform an act required by law when prevented by some lawful or insuperable cause

Persons civilly liable for acts of insane or minor exempt from criminal liability (Par. 1-3, Art.12) 1. Persons having legal capacity or control over them, if the latter are at fault or negligent, they are PRIMARILY LIABLE 2. Insane, imbecile, or such minor become liable with their own property when: No one is at fault or negligent Someone is at fault or negligent but insolvent There is no person having such authority or control Persons civilly liable for acts committed by youthful offenders - Art. 201 of the Youth and Welfare Code - Civil liability for acts committed by a youthful offender shall devolve upon the ff: 1. Offenders father 2. Mother, in case of the fathers death or incapacity 3. Guardian, in case of mothers death or incapacity - Note: 1 and 2: for minor children who live in their company, 3: such persons who are under their authority and live in their company - Responsibility would cease if the persons mentioned prove that they observed all the diligence of a good father to prevent damage (NCC 2180, 2nd and last par.) - No persons enumerated above, offender shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. - The final discharge of a child in conflict with the law does not obliterate his civil liability (Sec. 39, The Juvenile Justice and Welfare Act of 2006) Persons civilly liable for acts committed by persons acting under irresistible force or uncontrollable fear 1. The persons using violence or causing the fear are PRIMARILY LIABLE 2. If there be no such persons, those doing the act shall be liable SECONDARILY Civil liability of persons acting under justifying circumstances - Gen. rule: No civil liability in justifying circumstances - Except: par. 4 of Art, 11: where a person does not act, causing damage to another, in order to avoid evil or injury, the person benefitted by the prevention of the evil or injury shall be civilly liable in proportion to the benefit he received.

Art. 102: Subsidiary civil liability of innkeepers, tavernkeepers, and proprietors of establishments
In default of the persons criminally liable, innkeepers, tavernkeepers, and any other persons or corporations shall be civilly liable for crimes committed in their establishments, in all cases where a violation of municipal ordinances or some general or special police regulation shall have been committed by them or their employees. Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses from guests lodging therein, or for the payment of the value thereof, provided that such guests shall have notified in advance the innkeeper himself, or the person representing him, of the deposit of such goods within the inn; and shall furthermore have followed the directions which such innkeeper or his representative may have given them with respect to the care and vigilance over such goods. No

liability shall attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees.

Elements under Par. 1 1. That the innkeeper, tavernkeeper or proprietor of the establishment or his employee committed a violation of a municipal ordinance or some general police regulation. 2. That the crime is committed in such inn, tavern or establishment. 3. That the person criminally liable is insolvent.

Note: Concurrence of all 3 makes I, T, or P civilly liable for the crime committed in his establishment.

Elements under Par. 2 1. That 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 to the case 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. Notes: All above elements are present= innkeeper is subsidiarily liable. No liability shall attach in case of robbery with violence against or intimidation of persons, unless committed by the innkeepers employees. It is not necessary that the effects of the guest be actually delivered to the innkeeper-> enough that the things were in the inn

Art. 103: Subsidiary Civil Liability of other persons: The subsidiary liability established in the next preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties. Elements: 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. Notes: The Subsidiary liability of the employer arises only after conviction of the employee in a criminal action. It may only be enforced upon a motion for subsidiary writ of execution. Ex. A driver of the bus stole some of the passesngers luggage. He cannot satisfy his civil liability. Bus Company is subsidiarily liable for the restitution of the things or for the payment of their value. Definitions of Industry:

Industry is any department or branch of art, occupation or business; especially, one which employs so much labor and capital and is a distinct branch of trade. (Telleria v. Garcia) Refers to a form of productive work, especially of manufacture, or a particular class of productive work itself, a trade or manufacture.

Exceptions: 1. A hospital doing charitable service is not engaged in an industry; hence, not subsidiarily liable for acts of nurses. -> Nurses are not acting as servants of the hospitals, because they are employed to carry out the orders of the physicians, to whose authority they are subject. (Clemente v. Foreign Mission Sisters) 2. The employment of diligence to be expected of a good father of a family in the selection and supervision of his employees WILL NOT EXEMPT the parties subsidiariily liable for damages. - This is not provided for in the RPC unlike in NCC 2176 AND 2180 3. Private persons without business or industry, not subsidiarily liable - But, if committed by a family driver, employer may be held liable for a quasi-delict. Notes: 1. Employer has the right to take part in the defense of his employee -Even if he is not a party to the criminal case, it is in his interest to see that his employee is acquitted to free himself from possible subsidiary liability. 2. Employer is subsidiarily liable for the full amount against his employee. -does not bar the right of action for contribution against the employee

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY Art. 112. Extinction of civil liability. Civil liability established in Articles 100, 101, 102, and 103 of this Code shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law. Note: Civil liability may arise from: 1. Crime 2. Breach of contract (culpa contractual), or 3. Tortious act (culpa aquiliana) 1st: governed by RPC; 2nd and 3rd: governed by the NCC-> The civil liability from any of these 3 sources are extinguished by the ones enumerated below. Civil liability is extinguished by: 1. By payment or performance 2. By the loss of thing due 3. By the condonation or remission of the debt 4. By the confusion or merger of the rights of the creditor and debtor 5. By compensation 6. By novation Other causes as provided for in Art. 1231 of the Civil Code: 1. Annulment

2. Rescission 3. Fulfilment of a resolutory condition 4. Prescription Note: Civil liability in criminal cases is not extinguished by the loss of the thing due because reparation will be ordered by the court in such cases. Offender is civilly liable even if the property stolen is lost by reason of force majeure - Where it appears that a person has been deprived of the possession of his property, the malefactor is responsible to the owner either: 1. For the return of the property 2. For the payment of its value if it cannot be returned, and this is whether the property is lost or destroyed by the act of the malefactor or that any other person, or as a result of any other cause or causes. Ex. Accused stole a cow. Cow died during the pendency of the trial. Accused is still liable for the reasonable value of the cow. Art. 113. Obligation to satisfy civil liability. Except in case of extinction of his civil liability as provided in the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason. Main point: Except as provided in Art. 112, the offender shall continue to be obliged to satisfy the civil liability arising from the crime committed by him. Effects of amnesty, pardon, commutation or probation: 1. Amnesty: wipes out all traces and vestiges of the crime but DOES NOT EXTINGUISH the civil liability of the offender. 2. Pardon: in no case will exempt the culprit from the payment of civil indemnity imposed on him by the sentence 3. Probation: still pay Review: 1. Amnesty: sovereign act of oblivion for past acts granted by the government generally to a class of persons who have been guilty of political offenses (treason, sedition, rebellion) and who are subject to trial but have not yet been convicted, and often conditioned upon their return to obedience and duty within a prescribed time. 2. Pardon: permanent cancellation of sentence but (may be absolute or conditional) 3. Commutation: reduction of sentence 4. Probation: is a disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer.