Art. 65. Dividing penalties (divisible) into three equal portions.

Step 1. Determine the duration of the penalty in its entirety by ascertaining the minimum and
maximum.
Step 2. Determine the time included in the penalty prescribed by subtracting the minimum from the
maximum. The minimum subtracted from must not include the 1 day.
Step 3. The difference should be divided into three equal portions.
Step 4. The minimum (including the 1 day)is the minimum of the minimum period. Add the quotient to
the minimum and you have the maximum of your minimum period.
Step 5. Add 1 day to the maximum of the minimum period and you have the minimum of the medium
period. Add the quotient to the minimum (without including the one day) and you have the maximum
of the medium period of the penalty.
Step 6. Add 1 day to the maximum of the medium and you have the minimum of the maximum period
of the penalty. Add the quotient to the minimum (without including the one day) and you have the
maximum of the maximum period of the penalty.
Prisioncorreccional medium and maximum
Step 1. Determine the duration of the penalty in its entirety by ascertaining the minimum and
maximum.
2 years 4 months and 1 day to 6 years
Step 2. Determine the time included in the penalty prescribed by subtracting the minimum from the
maximum. The minimum subtracted from must not include the 1 day.
6 years
-

5 years 12 months
Or
2 years 4 months

2 years 4 months

___________________ _______________
3 years 8 months
Step 3. The difference should be divided into three euql portions.
1 year 2 months 20 days
_____________________
3 ) 3 years 8 months
3 years 6 months
____
Step 4. The minimum (including the 1 day) is the minimum of the minimum period. Add the quotient to
the minimum and you have the maximum of your minimum period.
2 years 4 months

+
1 year 2 months 20 days
3 years 6 months 20 days
Step 5. Add 1 day to the maximum of the minimum period and you have the minimum of the medium
period. Add the quotient to the maximum and you have the maximum of your maximum period.

Art. 66. Imposition of fines.

Wealth or means of the culprit is the primary consideration.
Mitigating and aggravating circumstances shall also be considered.
Art. 67. Penalty when accident is present.
Accident is an exempting circumstance under art. 12, paragraph 4. If not all elements are present then
the offender is punished in the same manner as a person liable for reckless imprudence under art. 365.
Art. 68. Penalty upon a person under 18.
RA 9344
15 years and under no criminal liability (intervention)
Above 15 below 18 exempt unless acting with discernment (diversion)
Art. 69. Crime not wholly excusable.
Some of the elemets of a justifying or exempting circumstance are present.
Majority.
One or two degrees lower. Privileged mitigating circumstance.
Art. 70. Service of sentence.
Simultaneous if the nature of the penalties allows otherwise the penalties must be served successively.
Disqualification, suspension, destierro, censure, civil interdiction, confiscation, and costs are penalties
that may be served simultaneously.
Penalty of imprisonment
If penalties are of the same nature, it doesnt matter. If they are the same what should be used is the
more severe.
Multiple penalties consisting of imprisonment have to be served successively.
The order of severity in Art. 71 must be observed. The most severe must be served first.
Three-fold rule
A convicts sentence shall not exceed more than three times the length of time corresponding to the
most severe of the penalties imposed on him.

Shall not exceed 40 years.

Does not preclude the imposition of subsidiary imprisonment.
-

Applies only if you have to serve 4 penalties

Art. 71. Graduation of penalties

Under art. 9346 death has been effectively eliminated from the list of imposable penalties under Art.
71.
This affects not only the consummated stage and the principals but also for the frustrated and
attempted stage as well with respect to the accomplice and accessory.
*If qualified rape is punished by perpetua, frustrated may be have 2 degrees lower than perpetua.
Art. 72-74
Art 72. Satisfaction of civil liability is based on the chronological order that they are imposed.
Art 73. Accessory penalties under Arts 40-45 are deemed imposed.
Subsidiary imprisonment not an accessory penalty.
Art 44. Death shall not be imposed through the process of graduation.
Art 75. Increasing or decreasing fine by one or more degrees.
Fines are increased or decreased by one-fourth (1/4) of the maximum.
There must be a minimum and a maximum for this article to be applicable.
Only the maximum is increased or decreased, the minimum is never changed.
Increasing or decreasing the fine.
Fine of P200-P2,000
of P2,000 = P500
One degree lower would be a fine of P200-P1,500
Two degrees lower would be a fine of P200,P1,000
Art. 76. Legal periods of divisible penalties
The intention of the law is to give the three periods of a penalty equal or uniform duration due to the
ff:
-

Equal and uniform durations.

Does not require that they be used even when the periods of a prescribed penalty correspond
to different divisible penalties.
Will result in the periods not being of equal and uniform duration.
A65 requires that a divisible penalty be divided into three equal portions.
Making an exception out of a penalty composed of periods corresponding to different penalties
would have no legal basis.

Arresto Mayor does not follow the general rule.

Minimum 1mo 1 day to 2months
Medium- 2mos 1 day to 4 mos
Maximum 4 mos 1 day to 6 mos
Indeterminate Sentence Law (ISL)
*determines the sentence to be imposed.
*designed to favor the accused, shortens the minimum.
A penalty with a minimum and a maximum instead of a straight penalty.
Authorizes the release of a convict after having served the minimum of his sentence.
Temp Pr. May Medium Pr. Corr Maximum Arr. May ISL does not apply
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Convicted; death or life imprisonment

Convicted; of treason, conspiracy or proposal to commit treason
Convicted of misprision of treason, rebellion, sedition, or espionage
Convicted of piracy
Habitual delinquents
Escaped from confinement or evaded sentence
Violated the terms of the conditional pardon
Imprisonment; maximum does not exceed 1 year
Those already sentenced by final judgment at the time of the approval of the law
Destierro or suspension.

*in ISL, we always look at only minimum and maximum penalties

RPC and Special Laws
Special law.
-

Minimum not be less than the minimum prescribed by law.

Maximum not exceed the maximum fixed by law.

RPC
-

Minimum shall be within the range of the penalty next lower to that prescribed by the Code
for the offense.
Maximum that, in view of the attending circ, could be properly imposed under the rules of the
RPC.

Steps
1. Ascertain the penalty prescribed for the offense without considering the attending
circumstances

2. Use the said penalty as the basis for determining the minimum, which is the penalty next lower
in degree. This is the minimum of the indeterminate sentence.
3. Fix the maximum by imposing the penalty prescribed by the law taking into consideration the
attending circumstances.
Homicide, no mitigating no aggravating. (example)
1. Homicide is punished by Reclusion Temporal.
2. Penlaty next lower in degree to Rec Temp is Prision Mayor. Prision Mayor is the minimum of
your indeterminate sentence.
3. Maximum is Rec Temp in its medium period since there is no aggravating or mitigating
circumstances.
4. The indeterminate sentence, therefore, is Prision Mayor to Reclusion Temp Medium.
Frustrated Homicide with Direct Assault
1. Frustrated Homicide Pr May; Direct Assault PrCOrr Med- Max. Penalty for complex crime
is for the graver offense which is Pr May.
2. Penalty next lower to Pr Mayor is Pr Corr. PrCorr is the minimum.
3. Max is Pr Mayor in its maximum (complex crime)
4. Indeterminate sentence is, therefore, PrisionCorreccional to Prision Mayor Maximum.
Privileged Mitigating Circumstance
*the first step is to apply the pmc. Not all mitigating circ is applied. Why? Bec if not applied, there is a
danger that the minimum penalty will be higher than the maximum
General rule is: find the penalty next lower in degree to the penalty prescribed by law without first
considering the attending circumstance.
Exception is: a privileged mitigating circ (two or more mitigating circ without any aggravating circ,
Art. 64 para. 5). In this case the privileged mitigating circ is first applied to determine the basis for the
minimum.
Estafa thru falsification by a public officer with two mit and no agg (privileged mitigating
circ).
1.
2.
3.
4.
5.

Penalty for the more serious offense (falsification) is prision mayor.

Apply the attending circ (privileged mitigating circ) first. One degree lower than Pr Mayor is Pr
Corr. (exception to the general rule)
One degree lower than PrCorr is Arr Mayor. Arr May is the minimum.
Maximum is PrisionCorr in its max, because it is a complex crime.
Indeterminate sentence is Arrestor Mayor to PrCorr Maximum.

*take note of the slight differences

Sison v People
(CASE OF THEFT) As regards to the penalty imposed, Art 309 (1) of the RPC provides: penalties any
person guilty of theft shall be punished by: (1) the penalty of prision mayor in its minimum medium
periods, if the value of the thing stolen is more than 12K pesos but does not exceed 22k pesos, but if
the value of the thing stolen exceeds the latter amount, the penalty shall be the max period of the one
prescribed in this paragraph, and one year for additional ten thousand pesos, but the total of the
penalty which may be imposed shall not exceed twenty years (simple theft rec temp 20yrs)
-

Value: P78,384
Basic penalty is prision mayor min-med *max exceeded 20k

Prsion mayor min-med:

o Min 6yr1d
o .. (wa kaapas shet)

Probation
Probation is a disposition where a convict is released subject to conditions imposed by the court and
to the supervision of a probation officer.
In a probation, a convicts sentence consisting of imprisonment is not executed, rather the convict is
released subject to the conditions of the probation. When the convict violates the terms, he may be
required to serve the sentence.
*purpose save valuable human material
When to apply for probation
The application for probation must be filed within the period for perfecting an appeal (15 days from
promulgation; period to choose as to whether you are going to apply for probation or appeal).
When a convict has perfected an appeal, an application for probation cannot be granted.
*probation and appeal are in conflict. one admits guilty, the other does not.
Sable v. Pp
The Probation Law is patently clear that no application for probation shall be entertained or granted if
the defendant has perfected the appeal from the judgment of conviction.
Consequently, probation should be availed of at the first opportunity by convicts who are willing to be
reformed and rehabilitated; who manifest spontaneity, contrition and remorse.
Except in the case of Colinares v. Pp
*only case where probation was allowed during the appeal stage. Bec SC found out that the
In a real sense, the courts finding that Arnel was guilty, not of frustrated homicide, but only of
attempted homicide, is an original conviction that for the first time imposes on him a probationable
penalty. Had the RTC done him right from the start, it would have found him guilty of the correct
offense and imposed on him the right penalty of two years and four months maximum. This would
have afforded Arnel the right to apply for probation.
Republic Act No 10707
Provided, That when a judgment of convition imposing a non-probationable pentalty is appealed or
reviewd, and such judgment is modified through the imposistion of a probationable penalty, the
defendant shall
Disqualified from probation *
Sec. 9 Disqualified Offenders The benefit of this Decree shall not be extended to thos:
-sentenced to a maximum term of imprisonment of more than 6 yrs;
- Convicted of subversion, crimes against national security or public order;
- Previously convicted by final judgment of an offense punished by imprisonment of more than 6M1D:

Imprisonment of not less than one month, and/or

Fine not less than 200.00

-Have been once on probation;

- Those already serving sentence at the time the provisions of the probation law became applicable.
Periods of probation
-

If the term of imprisonment is not more than 1 year probation shall not exceed two years.
If sentenced to more than 1 year probation shall not exceed 6 years.

Completion of the period of probation anddischargeof the probationer shall operate to restore him to
all civil rights.
Termination:
Sec 16 Termination of Probation after the probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final discharge of the probationer
upon finding that he has fulfilled.
Art. 89. Total extinction of criminal liability.
1.
2.
3.
4.
5.
6.
7.

Death
Service of sentence
Amnesty
Absolute pardon
Prescription of the crime
Prescription of the penalty
Marriage (art. 344)

Death
Personal penalties extinguished whether death occurs before or after conviction.
Pecuniary penalties are extinguished when death occurs before final judgment. Fines and costs shall
subsist if death occurs after final judgment.
As a general rule, pecuniary penalties are
[Quasi-delict:
Death before final judgment.
When death occurs before final judgment, e.g., pending appeal, the criminal liability of the accused is
extinguished as well as his civil liability if it is based solely on the offense committed.
If the civil liability can be predicated on some other source of obligation other than delict
(crime), e.g., law, contract or quasi-delict, the claim for civil liability survives.
Pp v. Bayotas (READ! MU GAWAS NIS EXAM) 102007
*bayotas got convicted for rape died while in prison.. What happened to the perpetua and 100k? All
of the liabilities should be extinugies..
1.

Death of the accused pending appeal of his conviction extinguishes his criminal liability as well
as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, the

2.

death of the accused prior to final judgment terminates his criminal liability and only the civil
liability directly arising from and based solely on the offense committed
Corollariliy, the claim for civil liability survives notwithstanding the death of accused, if the
same may also be predicated on a source of obligation other than delict. Article 1157 of the
Civil Code enumerates these other sources of obligation from which the civil liability may arise
as a result of the same act or omission

If the civil action survives

Where the civil liablility survives.., an action for recovery therefore may be pursued but only by
way of filing a separate civil action. This is separate civil action may be enforced either against
the executor/administrator or the estate of the accused, depending on the source of obligation
upon which the same is based as explained above. (PP v Lipata)
Amnesty and pardon
-

Amnesty completely extinguishes the offense, the penalty and the effets thereof. However,
amnesty does not extinguish civil liability. *the crime itself is removed
Pardon merely exempts the convict from the punishment the law inflicts for a crime
committed. *recognized by state, convicted but not going to face after conviction

Amnesty
-

Group/class
Before or after conviction
Looks backward
Affects recidivism
Civil liability remains
Public act of president

Pardon
-

Individual
After conviction
Looks forward
Recidivism stays (bec conviction stays. Its only the service of penalty is affected)
Civil liability remains
Private act of President
You cant question a president

Prescription of the crime/penalty

The state loses the right to prosecute an offender due to the lapse of time. (crime; unnecessary delay)
The state loses the right to execute final sentence after the lapse of time. (penalty)
Marriage of the offended woman (art 344); must be in good faith.
The manner in which the appellant dealt with the girl after the marriage, as well as before, shows that
he had no bona fide intention of making her his wife, and the ceremony cannot be considered binding
on her because of duress. The marriage was therefore void for lack of essential consent, and it supplies
no impediment to the prosecution of the wrongdoer. (Pp v. Santiago)
Art. 90. Prescription of crimes
The state loses the right to prosecute an offender. *loses right to charge you, file a case against you
(no need to memorize. Just an idea that if the offense

Death, Rec Perp, Rec Temp 20 years

Other afflictive penalties 15 years
Correctional penalties 10 years
Except by arresto mayor 5 years
Libel and other similar offenses 1 year (*same intent, to cause dishonor. Intent is not to cause
injury but cause shame)
Oral defamation and slander by deed 6 months (*same intent, to cause dishonor. Intent is not
to cause injury but cause shame)
Light offenses 2 months

Prescriptive periods of crimes punished by special laws (act no. 3763)

Punished by:
-

Fine/imprisonment (not more than 1 month) 1 year

Imprisonment more than 1 month, less than 2 years 4 years
Imprisonment more than 2 years, less than 6 years 8 years
Imprisonment of 6 years or more 12 years
Internal revenue Law 5 years
Municipal ordinances 2 months
Public service Commission 2 months

Rules in Special Laws

-

Period of prescription begins from the date of commission or date of discovery up to the
institution of judicial proceedings. *meaning, when is a case filed in court?
Period is interrupted when proceedings are instituted against guilty person and begins to run
again if proceedings are dismissed for reasons not constituting double jeopardy. *a penalty on
the state if it does not act promptly in the prosecution or execution of crim
Accused cannot be convicted of a lesser offense than that charged if the lesser offense has
already prescribed at the time the information was filed.

Art. 91. Computation of period (RPC)

-

Commences to run on the day the crime is discovered by the offended party, authorities, or
their agents. *crime is discovered included commission that is when somebody saw; even if
you killed someone and nobody knew, 2 years later it was seen by a dog, this is date of
discovery;
It is interrupted by the filing of complaint or information. *a complaint can be filed in court or in
some executive branches of the govt (eg. Prosecutors office)
Commences to run again when the proceedings terminate w/o the accused being convicted or
acquitted or unjustifiably stopped for any reason not imputable to him.

Ex. Bouncing checks law discover is when check bounces; so from discovery to filing, should be
within prescriptive period
Ex. Estafa postdating a check; starts to run from date of discovery,
Art. 92. Prescription of penalties.
The state loses the right to execute final sentence after the lapse of time. (a penalty has been
imposed, state loses the right to impose it)
Prescriptive period:
-

Death and Rec Perp 20 years

Other afflictive penalties 15 yrs
Correctional penalties 10 yrs

o Except arresto mayor 5 yrs

Light penalties 1 yr

Evades service of sentence after this period, no longer to be convicted.

Prescription
-Prescription of penalties sentence must be final.
- Prescription of crimes penalty prescribed by law
- Prescription of penalties penalty imposed.
(start for next period) Art. 93. Computation of period.
Commences to run when culprit evades service of sentence.
Interrupted when convict:
-

Gives himself up.

Captured
Goes to a foreign country with which the Govt has no extradition treaty, or
Commits another crime before the expiration of the period.

Evasion of service of sentence is essential for the rules on prescription on apply.

Art. 94. Partial Extinction

-

Conditional pardon. Condition usually takes the form of an undertaking that the convict shall
not violate any penal law.
Commutation. Commutation reduces the degree of the penalty or reduces the length of
imprisonment.
Good conduct allowances. Art. 97.

Art. 97. Good Conduct Allowance.

*for every month of good behavior, your sentence will decrease
Good conduct of a prisoner (applies to convict/detention prisoner) during his imprisonment will result
in a deduction of his sentence:
-

1st two years 20 days/ month of good behavior.

3rd to 5th year 23 days/month of good behavior.
6th to 10th year 25 days/month of good behavior.
11th and successive years 30 days/month of good behavior.
Additional 15-day deduction for each month of study, teaching or mentoring (as amended by
RA 10592)

Art. 98. Special time allowance for loyalty.

-

1/5 of the period of the sentence;

Evade service during disorders, conflagrations, earthquakes, or other calamities;
Gives himself up within 48 hours following the proclamation announcing the passing away of
the calamity or catastrophe.
2/5 of the period of sentence in case the prisoner chooses to stay. (as amended by RA 10592)
*became an issue in a case

An essential element of this article is that the convict must leave the penal institution.

Applies only to convicts, not to detention prisoners

Art. 100. Civil liability.

A person who is criminally liable is also civilly liable. *only for cases where there is a private
offended party
This principle is based on the dual character of a crime. A crime is (1) an offense against the State
because it disturbs the social order and (2) it injures a private individual unless there is no private
injury that is inflicted or the nature of the crime does not involve injury to private individuals.
Acquittal
Acquittal in the criminal case does not carry with it extinction of the civil liability.
Exception: when there is a finding in the final judgment that the act or omission from which the civil
liability may arise does not exist, the civil liability is deemed extinguished.
*Estafa unpaid debt, civil liability even if there is an acquittal
*The only time that acquittal will result in no civil liability,
Abellana v. Pp.
- it was admitted by private complainants that signature was genuinely their signature.
Simply stated, civil liability arises when one, by reason of his own act or omission, done intentionally or
negligently, causes damage to another. Hence, for petitioner to be civilly liable to spouses Alonto, it
must be proven that the acts he committed had caused damage to the spouses.
Instances when the extinction of the criminal liability does not extinguish civil liability. (not
criminally liable but has civil liability)
-

Reasonable doubt. When the acquittal is based that proof beyond reasonable doubt has not
been presented.
Non-imputability. In cases of insanity, imbecility or minority. *not criminally but civil
In actions for negligence. Civil liability may be based on quasi-delict.
Independent civil actions. Articles 31, 32, 33 and 34 of the NCC.

Under the Rules of Court; Criminal Procedure.

(civil liability based on crime) When a criminal action is instituted, the civil action for recovery of civil
liability arising from the offense charged shall be deemed instituted with the criminal action unless:
-

Offended party waives the civil action;

Offended party reserves the right to institute it separately;
Offended party institutes the civil action prior to the criminal action.

Separate civil action.

-

The filing of a criminal action is not necessary to the filing of and prosecution of a civil action,
thus the term separate civil action.
However, once a criminal action has been filed, there are two scenarios that may arise.
Not dependent, but is dependent on a criminal action

Separate civil action.

1.

If the criminal action is filed ahead of the separate civil action the separate civil action arising
therefrom cannot be instituted until final judgment has been rendered in the criminal action.

2.

If the civil action is filed ahead of the separate civil action the criminal action is suspended in
whatever stage before judgment on the merits. Suspension shall last until final judgment.

Applicability of the rules.

Identity of parties and subject matter. (the private offended party and the accused are the same
plaintiff and defendant in the civil case, and based on the same issue)
The claimant in the civil action is the offended party in the criminal action and both cases
arise from the same offense or transaction.

Separate civil action.

-

If the offended party has reserved the right to file a separate civil action, he loses the right to
intervene in the prosecution of the criminal case.
If the offended party is represented by a private prosecutor in the criminal case and the court
did not award any civil liability, he cannot file an independent civil action for civil liability.

Prejudicial question.
-

Generally, a criminal case should be decided first before the civil action arising from the crime.
An exception to the rule is a prejudicial question.
A prejudicial question is a civil case that must be decided first before the criminal action. It
requires (1) a previously instituted civil action whose issues are similar or intimately related to
the issues raised in a subsequent criminal action, and (2) the resolution of such issue
determines whether the criminal action may proceed or not. (Sec. 6, Rule 111 RRC)
It is a civil case filed ahead of a criminal case, determinative if criminal case has a leg to stand
on.

Prejudicial question
-

A civil action where the genuineness of a document is put in issue is prejudicial to the criminal
case for falsification of the same document.
A petition for the annulment of a subsequent marriage on grounds of duress is a prejudicial
question to a criminal case for bigamy.

(start)Pp v. Jadap
As to damages, when death occurs due to a crime, the following may be awarded: (1) civil indemnity
ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4)
exemplary damages; (5) temperate damages
Without need of further proof.
Civil indemnity is mandaotyr and granted to the heirs of the victim without need of proof other than
the commission of the crime. In cases of murder and homicide, moral damages maybe awarded
without need of allegation and proof of the emotional suffering of the heirs, other than the death of the
victim, since the emotional wounds from the vicious killing of the victim cannot be dnied. (jadap)
Exemplary damages.

Article 2230 of the CC states that exemplary damages may be imposed when the crime was
committed with one or more aggravating circumstances.
Pp v. Rante
Being corrective in nature, exemplary damages, therefore, can be awrded, not only in the presence of
an aggravating circ, but also where the circ of the case show the highly reprehensible or outrageous
conduct of the accused.
Simple Rape
As to the amount of damages, the Court finds as correct the awrd of P50, 000.00 as civil indemnity
and P50, 000.00 as moral damages in line with prevailing jurisprudence. (Pp v. Dalisay)
*Exemplary damages in theamount of P30, 000.00 was also awarded.
Qualified Rape
Civil indemnity P75k
Moral damages P75k
Exemplary P30k
Awarded without need of further proof other than the commission of the crime. (Pp v. Garcia)
Homicide; civil indemnity
Civil indemnity without need of proof other than the fact that a crime was committed resulting in the
death of thevictim and that petitioner was responsible therefor P50, 000.00 (Seguritan v. Pp)
Loss of earning capacity
The award of P135, 331.00 for the loss of earning capacity was also in order. The prosecution
satisfactorily proved that the victim was earning an annual income of P14, 000.00 from the harvest of
pineapples.
Actual damages; receipts.
It is error for the trial court and the appellate court to award actual damages of P30, 000.00 for the
expenses incurred for the death of the victim. We perused the records and did not find evidence to
support the plea for actual damages. (seguritan)
Temperate damages
When pecuniary loss has been suffered but the amount cannot, from the nature of the case, be proven
with certainty, temperate damages may be recovered (P25, 000.00). (Seguritan)
In Pp v. Villanueva, we held that when actual damages proven by receipts during the trial amount to
less than P25k, the award of temperate damages for P25k is justified in lieu of actual damages for a
lesser amount. (Quidet v. Pp)
Art. 101. The following shall be civilly liable.
-

Insanity, imbecility and minority. The person having legal authority or control. If the said
person can prove that there was no fault or negligence on his part, the insane, imbecile or
minor shall answer with his own property.

Avoidance of greater evil or injury, the person whose benefit the harm has been prevented in
proportion to the benefit which he may have received.

Art. 102. Subsidiary civil liability.

Innkeepers, tavernkeepers, any other person where a crime is committed in their establishment.
A violation of municipal ordinance or a general or special police action is committed by them or their
employees.
Art. 103. Subsidiary civil liability of other persons.
1.
2.
3.

Employers
Teachers
Persons or corporations engaged in any kind of industry

Felony committed by servants, pupils, workmen, apprentices, employees while in the discharge
of duties.
Must be involved in any kind of industry.
The felon is insolvent.

Decision convicting the employee

Binding on the employer. The decision need not expressly state the liability of the employer.
The decision regarding the civil liability is binding on the employer not only with the fact of the liability
but also with respect to the amount.
What must be proved.
1.
2.
3.
4.

Employer of the convicted employee.

Engaged in industry
Crime committed in the discharge of duty
Execution is unsatisfied; employee is insolvent.

Need not be in a separate civil action; hearing in the criminal action with notice to the employer.
Art. 104. What is included in civil liability.
1.
2.
3.

Restitution
Reparation of the damage caused;
Indemnification for consequential damages

Restitution return of the thing stolen incases of theft.

Reparation in theft if the thing stolen cannot be returned, its value.In physical injuries, the expenses
for the treatment of the injuries.
Indemnification loss of earning capacity.
Art. 105. Restitution.
Restitution refers to the very same thing taken/stolen.
To give something similar in kind, amount, species or quality is not restitution.
Restitution

Generally, the owner of a thing illegally taken may recover it even form a third person who has
acquired it by lawful means.
When the third person acquires the item in good faith at a public sale, the owner cannot obtain its
return without reimbursing the price paid therefore.
Art. 106. Reparation.
Reparation will be order by the court if restitution is not possible.
Reparation includes any damage cause by the felonious act.
It includes the items special sentimental value to the injured party.
Art. 107. Indemnification.
Indemnification crimes against persons.
Reparation crimes against property.
Examples of indemnification
-

Expenses for hospitalization of injured parties

Loss of earning capacity.

Both the RTC and the Court of Appeals failed to consider that under Art. 2206 of the Civil Code, the
accused are also jointly and severally liable for the loss of the earning capacity of Biag and such
indemnity should be paid to his heirs. (Pp v. Lagat)
Factors to be considered
The amount of damages recoverable for the loss of earning capacity of the deceased isbased on two
factors: (1) the number of years on the basis of which the damages shall be computed (2) the rate at
which the losses
Art. 110. Liability of principals, accomplices and accessories.
Those within a particular class (principal, accomplice, accessory) shall be liable solidarily.
They are subsidiarily liable for those in another class.
Art. 112. Extinction of civil liability.
Same causes for the extinguishment of civil obligations.
-

Payment or performance
Loss of the thing due
Condonation or remission
Confusion or merger
Compensation
Novation

THE END -

See you next semester?