Professional Documents
Culture Documents
I. INTRODUCTION
In his book “The Revised Penal Code (Criminal Law Book One)”,
Retired Court of Appeals Associate Justice Luis B. Reyes stated that an
offense, as a general rule, causes two classes of injuries particularly social
injury and personal injury.1 Interestingly, to further comprehend the
underlying concepts of injuries caused by crimes, the ideas incorporated by
John Stuart Mill, the most influential and famous British philosopher of the
nineteenth century, in his renowned Harm Principle are hard to ignore.
According to Mill, in order to constitute harm, an action must be injurious or
set back important interests of particular people, interests in which they have
rights. Moreover, under this principle, Mill demonstrated claims which can be
used to satisfy explanations associated with the injuries or harms caused by
crimes. According to Mill, “[I]t must by no means be supposed, because
damage, to the interests of others, can alone justify the interference of society,
that therefore it always does justify such interference.” Moreover, he posited
that “[I]f anyone does an act hurtful to others, there is a prima facie case for
punishing him by law or, where legal penalties are safely applicable, by
general disapprobation.”2 Corollary, the interests of society and the offended
parties which have been wronged must be equally considered.3
Our laws recognize a bright line distinction between criminal and civil
liabilities. A crime is a liability against the state. It is prosecuted by and for
the state. Acts considered criminal are penalized by law as a means to protect
the society from dangerous transgressions. As criminal liability involves a
penalty affecting a person's liberty, acts are only treated criminal when the
law clearly says so. On the other hand, civil liabilities take a less public and
more private nature. Civil liabilities are claimed through civil actions as a
means to enforce or protect a right or prevent or redress a wrong.4
This is in line with the fact that in criminal prosecution, it is the State
that prosecutes crimes. The sovereign power has the inherent right to protect
itself and its people from vicious acts which endanger the proper
administration of justice; hence, the State has every right to prosecute and
punish violators of the law. This is essential for its self-preservation, nay, its
very existence.5 Indeed, the task of ridding society of criminals and misfits
and sending them to jail in the hope that they will in the future reform and be
productive members of the community rests both on the judiciousness of
1
Reyes, Luis B. (2012). Title Five – Civil Liability (Chapter One – Persons Civilly Liable for Felonies). The
Revised Penal Code (Criminal Law Book One) (page 898). Quezon City, Philippines. REX Book Store.
2
Center for the Study of Language and Information, Stanford University (2007). Mill’s Moral and Political
Philosophy. Stanford Encyclopedia of Philosophy. Retrieved from plato.stanford.edu.
3
The People of the Philippines vs. Hon. Judge Paterno V. Tac-an, G.R. No. 148000, February 27, 2003
4
Gloria S. Dy vs. People of the Philippines, G.R. No. 189081, August 10, 2016
5
Antonio Lejano vs. People of the Philippines, G.R. No. 176389, December 14, 2010
6
Diosdado Jose Allado vs. Hon. Roberto C. Diokno, G.R. No. 113630, May 5, 1994
7
People of the Philippines vs. Luis Tampal, G.R. No. 102485, May 22, 1995
8
Reyes, Luis B. Title Five – Civil Liability (Chapter One – Persons Civilly Liable for Felonies), 898
9
The People of the Philippine Islands vs. Gregorio Santiago, G.R. No. 17584, March 8, 1922
10
The People of the Philippine Islands vs. Julio Pomar, G.R. No. L-22008, November 3, 1924
11
The United States vs. Andres Pablo, G.R. No. L-11676, October 17, 1916
This refers now to the second class of injury caused by an offense, the
personal injury. Former Associate Justice Reyes defined personal injury as
the one 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. 15 Our
jurisdiction recognizes that a crime has a private civil component. Thus, while
an act considered criminal is a breach of law against the State, our legal system
allows for the recovery of civil damages where there is a private person
injured by a criminal act. It is in recognition of this dual nature of a criminal
act that our Revised Penal Code provides that every person criminally liable
is also civilly liable.16 Unlike social injury which is sought to be repaired
through the imposition of the corresponding penalty provided by law, personal
injury is through indemnity which is civil in nature.17 The rule is that every
act or omission punishable by law has its accompanying civil liability. The
civil aspect of every criminal case is based on the principle that every person
criminally liable is also civilly liable. If the accused however, is not found to
be criminally liable, it does not necessarily mean that he will not likewise be
held civilly liable because extinction of the penal action does not carry with it
the extinction of the civil action.18 This civil liability arising from culpa
criminal is found in Article 100 of the Revised Penal Code.
12
Dr. Encarnacion C. Lumantas, M.D. vs. Hanz Calapis, G.R. No. 163753, January 15, 2014
13
Sonny Romero y Dominguez vs. People of the Philippines, G.R. No. 167646, June 17, 2009
14
Occena vs. Icamina, G.R. No. 82146, January 22, 1990
15
Reyes, Luis B. Title Five – Civil Liability (Chapter One – Persons Civilly Liable for Felonies), 898
16
Gloria S. Dy vs. People of the Philippines, supra
17
Reyes, Luis B. Title Five – Civil Liability (Chapter One – Persons Civilly Liable for Felonies), 898
18
Nissan Gallery-Ortigas vs. Purificacion F. Felipe, November 11, 2013
19
Civil Liability. Duhaime’s Law Dictionary
20
Article 100. Civil liability of a person guilty of felony. – Every person criminally liable for a felony is also
civilly liable. (Revised Penal Code of the Philippines)
21
Article 31. When the civil action is based on an obligation not arising from the act or omission complained
of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of
the result of the latter. (Civil Code of the Philippines)
intentional torts22; culpa aquiliana23); or (b) where the injured party is granted
a right to file an action independent and distinct from the criminal action.24
Either of these two may be enforced against the offender.25 However, this is
subject to the caveat under Article 2177 of the Civil Code that the offended
party cannot recover damages twice for the same act or omission or under both
causes.26
22
Article 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs,
defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another
person shall be liable to the latter for damages:
1. Freedom of religion;
2. Freedom of speech;
3. Freedom to write for the press or to maintain a periodical publication;
4. Freedom from arbitrary or illegal detention;
5. Freedom of suffrage;
6. The right against deprivation of property without due process of law;
7. The right to a just compensation when private property is taken for public use;
8. The right to the equal protection of the laws;
9. The right to be secure in one’s person, house, papers, and effects against unreasonable searches
and seizures;
10. The liberty of abode and of changing the same;
11. The privacy of communication and correspondence;
12. The right to become a member of associations or societies for purposes not contrary to law;
13. The right to take part in a peaceable assembly to petition the Government for redress or
grievances;
14. The right to be free from involuntary servitude in any form;
15. The right of the accused against excessive bail;
16. The right of the accused to be heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance of witness in his behalf;
17. Freedom from being compelled to be a witness against one’s self, or from being forced to confess
guilt, or from being induced by a promise of immunity or reward to make such confession except
when the person confessing becomes a State witness;
18. Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or
inflicted in accordance with a statute which has not been judicially declared unconstitutional; and
19. Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant’s act or omission constitutes
a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action
for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution
(if the latter be instituted), and may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes
a violation of the Penal Code or other penal statute. (Civil Code of the Philippines)
Article 34. When a member of a city or municipal police force refuses or fails to render aid or protection
to any person in case of danger to life or property, such peace officer shall be primarily liable for damages,
and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall
be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such
action. (Civil Code of the Philippines)
23
Article 2176. 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. (Civil Code of
the Philippines)
24
Article 33. In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate
and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall require only a preponderance of evidence. (Civil Code
of the Philippines)
25
L.G. Foods Corporation vs. Hon. Philadelfa B. Pagapong-Agraviador, G.R. No. 158995, September 26, 2006
26
Safeguard Security Agency, Inc. vs. Lauro Tangco, G.R. No. 165732, December 14, 2006
The Revised Penal Code of the Philippines further provides that the
civil liability includes (1) restitution, (2) reparation of the damage caused, and
(3) indemnification for consequential damages.27
27
Lu Chu Sing vs. Lu Tiong Gui, G.R. No. L-122, May 11, 1946
Restitution
Restitution has been defined in other criminal jurisdictions as payment
made by the perpetrator of the crime to the offended parties. 33 However, in
the Philippines, restitution is performed by returning the thing itself. The civil
liability of the offender to make restitution, under Art. 105 of the Revised
Penal Code, does not arise until his criminal liability is finally declared.34 The
purpose of the law is to place the offended party as much as possible in the
same condition as he was before the offense was committed against him. So
if the crime consist in the taking away of his property, the first remedy granted
28
Lee Pue Liong vs. Chua Pue Chin Lee, G.R. No. 181658, August 7, 2013
29
People of the Philippines vs. Ma. Harleta Velasco y Briones, G.R. No. 195668, June 25, 2014
30
Lee Pue Liong vs. Chua Pue Chin Lee, supra
31
People of the Philippines vs. Ma. Harleta Velasco y Briones, supra
32
Proton Pilipinas Corporation vs. Republic of the Philippines, G.R. No. 165027, October 12, 2006
33
Criminal.findlaw.com
34
Chua Hai vs. Hon. Ruperto Kapunan, G.R. No. L-11108, June 30, 1958
is that of restitution of the thing taken away. If restitution can not be made,
the law allows the offended party the next best thing, reparation.35 When the
crime is not against property, no restitution of the thing can be done. 36 In a
case, the Supreme Court, applying Article 105 37, obliged the appellant to
return the items he took from the spouses BBB and CCC. If appellant can no
longer return the articles taken, he is obliged to make reparation for their
value, taking into consideration their price and their special sentimental value
to the offended parties. Hence, the Court, modifying the decision of the trial
court, as affirmed by the CA, directed the appellant to return the pieces of
jewelry and valuables taken from the spouses BBB and CCC as enumerated
in the Information and proven during trial.38
Also, in the case of Visitacion A. Gacula vs. Pilar Martinez, the agent
as in this case was prosecuted for estafa, convicted, and sentenced to pay the
value of the jewelry or suffer subsidiary imprisonment in case of insolvency.
And yet, the Court held that the owner could recover said jewelry from the
pawnshop owner, citing in support of its holding the provisions of Article 120
of the old penal code, from which was copied article 105 of the Revised Penal
Code.39 This case has somehow similarities in a case decided before Visitacion
A. Gacula vs. Pilar Martinez where the court applied Article 120 of the old
penal code40. In the latter case, Arenas vs. Raymundo¸ several pieces of
jewelry were delivered by the owner to an agent to be sold on commission,
but the agent instead of selling the jewelry or accounting for their value,
pledged the same to a pawnshop.41 The Court in Arenas vs. Raymundo ruled
that the provisions contained in the first two paragraphs of Article 120 are
based on the uncontrovertible principle of justice that the party injured
through a crime has, as against all others, a preferential right to be
indemnified, or to have restored to him the thing of which he was unduly
deprived by criminal means.42 The same case provided a brief background of
Article 120 of the old penal code from which the present Article 105 was
derived in relation to possession of personal property.
35
The People of the Philippines vs. Antonio Espada, G.R. No. L-5684, January 22, 1954
36
De las Penas vs. Royal Bus Co., Inc., C.A., 56 O.G. 4052
37
Article 105. Restitution – How made. – The restitution of the thing itself must be made whenever
possible, with allowance for any deterioration, or diminution of value as determined by the court.
The thing itself shall be restored, even though it be found in the possession of a third person who
has acquired it by lawful means, saving to the latter his action against the proper person, who may be liable
to him.
This provision is not applicable in cases in which the thing has been acquired by the third person
in the manner and under the requirements which, by law, bar an action for its recovery.
38
People of the Philippines vs. Edgar Evangelio y Gallo, G.R. No. 181902, August 31, 2011
39
Visitacion A. Gacula vs. Pilar Martinez, G.R. No. L-3038, January 31, 1951.
40
Article 120. The restitution of the thing itself must be made, if be in the possession of a third person, who
had acquired it in a legal manner, reserving, however, his action against the proper person.
Restitution shall be made, even though the thing may be in the possession of a third person, who
had acquired it in a legal manner, reserving, however, his action against the proper person.
This provision is not applicable to a case in which the third person has acquired the thing in the
manner and with the requisites established by law to make it unrecoverable.
41
Visitacion A. Gacula vs. Pilar Martinez, supra
42
Estanislaua Arenas, et al. vs. Fausto O. Raymundo, G.R. No. L-5741
The doctrines laid down in both two cases are compatible with the
decisions of the court in the old cases of Varela vs. Matute and Varela vs.
Finnick. In the former, Nicolasa Pascual received for sale on commission
several jewels owned by Josefa Varela upon condition that she would turn
over to the latter the proceeds thereof when sold, or to return them to her if
they could not be disposed of. Nicolasa Pascual, however, instead of
complying with the agreement, and acting fraudulently and in bad faith,
pledged the said jewels at the pawnshop of Antonio Matute, according to the
pawn ticket issued by him stating that for a certain consideration, which the
said Pascual had received from the pawnbroker, she delivered in pledge the
aforesaid jewelry. The Court, in view of the evidence adduced, ordered to
make restitution of the stolen jewels to Josefa Varela, or otherwise to pay the
value thereof, and, in case of insolvency, to suffer the corresponding
subsidiary imprisonment.44 In Varela vs. Finnick, it was found that not only
has the ownership and the origin of the jewels misappropriated been
unquestionably proven but also that the accused, acting fraudulently and in
bad faith, disposed of them and pledged them contrary to agreement, with no
right of ownership, and to the prejudice of the injured party, who was thereby
illegally deprived of said jewels; therefore, the owner has an absolute right to
recover the jewels from the possession of whosoever holds them. 45
43
Ibid.
44
Josefa Varela vs. Antonio Matute, G.R. No. L-3889, January 2, 1908
45
Josefa Varela vs. Josephine Finnick, G.R. No. L-3890, January 2, 1908
Varela vs. Finnick explained the relation of Article 17 of the old penal
code and a decision from the supreme court of Spain, to wit:46
The doctrine enunciated in Varela vs. Finnick was also applied in a case
decided six years after it. The Court, speaking through Justice Johnson, said
“[T]he record does not show whether or not the ring was returned to its owner,
in accordance with the provisions of article 120 of the Penal Code. It is a
general principle that no man can be divested of his property without his own
consent or voluntary act. In the case of Varela vs. Finnick (9 Phil. Rep., 482)
this court said, speaking through Mr. Justice Torres: ‘Whoever may have been
deprived of his property in consequence of a crime, is entitled to the recovery
thereof, even if such property is in the possession of a third party who acquired
it by legal means other than those expressly stated in article 464 of the Civil
Code.’” Article 464 of the Civil Code can now be found under Articles 559 47
and 1505 48 of the New Civil Code of the Philippines.49
46
Ibid.
47
Art. 559. The possession of movable property acquired in good faith is equivalent to a title. Nevertheless,
one who has lost any movable or has been unlawfully deprived thereof may recover it from the person in
possession of the same.
If the possessor of a movable lost or which the owner has been unlawfully deprived, has acquired
it in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid
therefor.
48
Article 1505. Subject to the provisions of this Title, where goods are sold by a person who is not the owner
thereof, and who does not sell them under authority or with the consent of the owner, the buyer acquires
no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded
from denying the seller's authority to sell.
Nothing in this Title, however, shall affect:
1. The provisions of any factors' act, recording laws, or any other provision of law enabling the
apparent owner of goods to dispose of them as if he were the true owner thereof;
2. The validity of any contract of sale under statutory power of sale or under the order of a court of
competent jurisdiction;
3. Purchases made in a merchant's store, or in fairs, or markets, in accordance with the Code of
Commerce and special laws.
49
The United States vs. Vicente F. Sotelo, G.R. No. L-9791, October 3, 1914
50
Jose B. Aznar vs. Rafael Yapdiangco, G.R. No. L-18536, March 31, 1965
51
Jose R. Cruz vs. Reynaldo Pahati et al., G.R. No. L-8257, April 13, 1956
52
Jose B. Aznar vs. Rafael Yapdiangco, supra
53
The United States vs. Garino Soriano, G.R. No. 4563, January 19, 1909
Reparation
If the crime consists in the taking away of his property, the first remedy
granted is that of restitution of the thing taken away. If restitution can not be
made, the law allows the offended party the next best thing, reparation.55 In
People vs. Mostasesa¸ the Court cited Spanish jurist Viada who, commenting
on the provision of the Revised Penal Code on reparation, said:56
En las causas por robo, hurto, etc. en que no hayan sido recuperados
durante el proceso los objetos de dichos delitos, debe condenarse a
los reos a su restitucion, o, en su defecto, a la indemnizacion
correspondiente en el cantidad en que hayan sido valorados o
tasados por los peritos; . . . . (3 Viada 6)
In a case, the Court had the occasion to apply Article 106. Thus, the
value of the stolen ring is another question raised by the appellant, who
contends that it was worth only P200. To the price of P1,200 at which the
appellant claimed to have sold the ring, the Court of Appeals added P800 to
cover its sentimental value to the owner, considering that it was a souvenir
from her mother, thus raising the value to P2,000. Article 106 of the Revised
Penal Code provides that "the court shall determine the amount of damage,
taking into consideration the price of the thing, whenever possible, and its
54
People vs. Juan Alejano y De la Cruz, G.R. No. 33667, October 4, 1930
55
The People of the Philippines vs. Pelagio Mostasesa, G.R. No. L-5684, January 22, 1954
56
Ibid.
57
Redress. What is reparation?. Retrieved from http://www.redress.org
58
The People of the Philippines vs. Pelagio Mostasesa, supra
special sentimental value to the injured party, and reparation shall be made
accordingly." Appellant’s contention that the ring should be appraised at only
P200 is manifestly untenable, he himself having paid P800 for it and having
sold it later for P1,200. In any event, the question raised is one of fact as to
which the finding of the Court of Appeals is final.59 However, if there is no
evidence as to the value of the thing unrecovered, reparation cannot be made
(People vs. Dalena, C.A., G.R. Nos. 11387-R and 11388-R, October 25,
1954).60
In the computation of civil liability, the Court in U.S. vs. Yambao, added
the indemnification of 3 reales and 12 cuartos, the value of the mutilated
garment, which the judge imposed on the defendant, as reparation merely for
the damage caused by this offense against her property, but for the offense
against chastity he should respond for a damage of a different and a higher
entity, and this reparation should always be a civil reparation corresponding
to the character of the crime which injures both honor and chastity. 61
Indemnification
Likewise, reparation and indemnification are similarly defined as the
compensation for an injury, wrong, loss, or damage sustained.62 Thus,
according to law and jurisprudence, civil indemnity is in the nature of actual
and compensatory damages for the injury caused to the offended party and
that suffered by her family, and moral damages are likewise compensatory in
nature. The fact of minority of the offender at the time of the commission of
the offense has no bearing on the gravity and extent of injury caused to the
victim and her family, particularly considering the circumstances attending
this case.63 Moreover, in People vs. Sarcia, the Court reiterated that it
explained in People v. Gementiza64 that the indemnity authorized by our
criminal law as civil liability ex delicto for the offended party, in the amount
authorized by the prevailing judicial policy and aside from other proven actual
damages, is itself equivalent to actual or compensatory damages in civil law.65
59
Jose Cristobal vs. The People of the Philippines, G.R. No. L-1542, August 30, 1949
60
Reyes, Luis B. Title Five – Civil Liability (Chapter One – Persons Civilly Liable for Felonies), 942
61
The United States vs. Jose Yambao, G.R. No. 1662, February 13, 1905
62
People of the Philippines vs. Jose Pepito D. Combate, G.R. No. 189301, December 15, 2010
63
People of the Philippines vs. Richard O. Sarcia, G.R. No. 169641, September 10, 2009
64
People of the Philippines vs. Sabino Gementiza, G.R. No. 123151, January 29, 1998
65
People of the Philippines vs. Richard O. Sarcia, supra
66
Article 107. Indemnification; What is included. - Indemnification for consequential damages shall include
not only those caused the injured party, but also those suffered by his family or by a third person by reason
of the crime.
In Lambert vs. Heirs of Castillon, the Court said that the underlying
precept on contributory negligence is that a plaintiff who is partly responsible
for his own injury should not be entitled to recover damages in full but must
bear the consequences of his own negligence. The defendant must thus be held
liable only for the damages actually caused by his negligence. The
determination of the mitigation of the defendants liability varies depending on
the circumstances of each case. Conclusively, when in a vehicle accident, it
was established that the victim, at the time of the mishap: (1) was driving the
motorcycle at a high speed; (2) was tailgating the Tamaraw jeepney; (3) has
67
Alfredo Copacio, et al. vs. Luzon Brokerage Co., G.R. No. 46135, September 19, 1938
68
Flordeliza Mendoza vs. Mutya Soriano, G.R. No. 164012, June 8, 2007
imbibed one or two bottles of beer; and (4) was not wearing a protective
helmet, these circumstances, although not constituting the proximate cause of
his demise and injury to Sergio, contributed to the same result. The
contribution of these circumstances are all considered and determined in terms
of percentages of the total cause. Hence, the heirs of Ray Castillon shall
recover damages only up to 50% of the award. In other words, 50% of the
damage shall be borne by the private respondents; the remaining 50% shall be
paid by the petitioner.69
Civil indemnity may also be increased. In a case, the Court ordered the
appellant to indemnify the heirs of the victim since death resulted from the
crime. The heirs of the victim are entitled to an award of civil indemnity in
the amount of ₱75,000.00, which is mandatory and is granted without need of
evidence other than the commission of the crime. Hence, the Court increased
the award for civil indemnity made by the trial court and affirmed by the CA
from ₱50,000.00 to ₱75,000.00. Also, while the CA correctly ordered
appellant to pay the heirs of the victim exemplary damages, the amount
awarded must be increased from ₱25,000.00 to ₱30,000.00 in line with current
jurisprudence.70 However, the civil indemnity may be increased only if it will
not require an aggravation of the decision in the criminal case on which it is
based. In other words, the accused may not, on appeal by the adverse party,
be convicted of a more serious offense or sentenced to a higher penalty to
justify the increase in the civil indemnity.71
69
Nelen Lambert vs. Heirs of Ray Castillon, G.R. No. 160709, February 23, 2005
70
People of the Philippines vs. Joemari Jalbonian, G.R. No. 180281, July 1, 2013
71
Heirs of Tito Rillorta vs. Hon. Romeo N. Firme, G.R. No. L-54904, January 29, 1988
72
The People of the Philippines vs. Hon. Judge Catalino Castaneda Jr., G.R. No. L-49781-91, June 24, 1983
73
Robert Sierra y Caneda vs. People of the Philippines, G.R. No. 182941, July 3, 2009
explosion of the gasoline deposit of the company which would have resulted
in a conflagration of much greater proportion and consequences to the houses
nearby or surrounding it. It cannot be denied that this company is one of those
for whose benefit a greater harm has been prevented, and as such it comes
within the purview of said penal provision.”74
"The Supreme Court of Spain held that in order that this exempting
circumstance may be taken into account, it is necessary that there
be a complete deprivation of intelligence in committing the act, that
is, that the accused be deprived of reason; that there be no
responsibility for his own acts; that he acts without the least
discernment; 46 that there be a complete absence of the power to
74
Anita Tan vs. Standard Vacuum Oil Co., G.R. No. L-4160, July 29, 1952
75
Art. 12. Circumstances which exempt from criminal liability. — the following are exempt from criminal
liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito),
the court shall order his confinement in one of the hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which
case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this
Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his family
who shall be charged with his surveillance and education otherwise, he shall be committed to the care
of some institution or person mentioned in said Art. 80.
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause.
76
The People of the Philippines vs. Honorato Ambal, G.R. No. L-52688, October 17, 1980
77
The People of the Philippines vs. Abelardo Formigonez, G.R. No. L-3246, November 29, 1950
78
The People of the Philippines vs. Roger Austria y Navarro, G.R. No. 111517-19, July 31, 1996
79
People of the Philippines vs. Vergel Ancajas, G.R. No. 199270, October 21, 2015
80
Ibid.
of the offense. With more reason, the Act should apply to this case
wherein the conviction by the lower court is still under review.
A child above fifteen (15) yours but below eighteen (18) years of
age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.
The intent of the State to promote and protect the rights of child in
conflict with the law is enshrined in R.A. No. 9344.82 The current law also
drew its changes from the principle of restorative justice83 that it espouses; it
considers the ages 9 to 15 years as formative years and gives minors of these
ages a chance to right their wrong through diversion and intervention
measures. This is the reason why this law modifies the minimum age limit of
criminal irresponsibility as well for minor offenders; it changed what
paragraphs 2 and 3 of Article 12 of the Revised Penal Code (RPC), as
amended, previously provided i.e., from under nine years of age and above
81
Robert Sierra y Caneda vs. People of the Philippines, G.R. No. 182941, July 3, 2009, supra
82
Section 2(d) of R.A. No. 9344 provides “[P]ursuant to Article 40 of the United Nations Convention on the
Rights of the Child, the State recognizes the right of every child alleged as, accused of, adjudged, or
recognized as having infringed the penal law to be treated in a manner consistent with the promotion of
the child's sense of dignity and worth, taking into account the child's age and desirability of promoting
his/her reintegration. Whenever appropriate and desirable, the State shall adopt measures for dealing with
such children without resorting to judicial proceedings, providing that human rights and legal safeguards
are fully respected. It shall ensure that children are dealt with in a manner appropriate to their well-being
by providing for, among others, a variety of disposition measures such as care, guidance and supervision
orders, counseling, probation, foster care, education and vocational training programs and other
alternatives to institutional care”
83
Section 4(q) of R.A. No. 9344 provides “"[R]estorative Justice" refers to a principle which requires a
process of resolving conflicts with the maximum involvement of the victim, the offender and the
community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and
the community; and reassurance to the offender that he/she can be reintegrated into society. It also
enhances public safety by activating the offender, the victim and the community in prevention strategies.”
nine years of age and under fifteen (who acted without discernment) to fifteen
years old or under and above fifteen but below 18 (who acted without
discernment) in determining exemption from criminal liability. In providing
exemption, the new law as the old paragraphs 2 and 3, Article 12 of the RPC
did presume that the minor offenders completely lack the intelligence to
distinguish right from wrong, so that their acts are deemed involuntary ones
for which they cannot be held accountable.84
R.A. No. 9344 was enacted into law on April 28, 2006 and took
effect on May 20, 2006. Its intent is to promote and protect the
rights of a child in conflict with the law or a child at risk by
providing a system that would ensure that children are dealt with
in a manner appropriate to their well-being through a variety of
disposition measures such a scare, guidance and supervision
orders, counseling, probation, foster care, education and
vocational training programs and other alternatives to
institutional care. More importantly in the context of this case, this
law modifies as well the minimum age limit of criminal
irresponsibility for minor offenders; it changed what paragraphs 2
and 3 of Article 12 of the Revised Penal Code (RPC), as amended,
previously provided i.e., from under nine years of age and above
nine years of age and under fifteen (who acted without
discernment) to fifteen years old or under and above fifteen years
but below 18 (who acted without discernment) in determining
exemption from criminal liability. In providing exemption, the new
law as the old paragraphs 2 and 3, Article 12 of the RPC did
presume that the minor offenders completely lack the intelligence
to distinguish right from wrong, so that their acts are deemed
involuntary ones for which they cannot be held accountable. The
current law also drew its changes from the principle of restorative
84
Robert Sierra y Caneda vs. People of the Philippines, G.R. No. 182941, July 3, 2009, supra
85
John Philip Guevarra v. Honorable Ignacio Almodovar, G.R. No. 75256, January 26, 1989
86
Joemar Ortega v. People of the Philippines, G.R. No. 151085, August 20 2008
The last paragraph of Section 6 of R.A. No. 9344 provides that the
accused shall continue to be civilly liable despite his exemption from criminal
liability. The extent of civil liability depends on the crime that could have been
committed had the accused not been found to be exempt from criminal
liability.88 However, this must also yield to the question of whether or not the
accused has acted with or without discernment in order to determine criminal
liability and the appropriate civil liability. In modifying the criminal liability
of an accused, the Court had the occasion to apply such law in the case of
People of the Philippines v. Gambao89 where pursuant to the passing of R.A.
No. 9344, a determination of whether she [the accused] acted with or without
discernment is necessary. Discernment has been defined as the mental
capacity of a minor to fully appreciate the consequences of his unlawful act
and such capacity may be known and should be determined by taking into
consideration all the facts and circumstances afforded by the records in each
case.90 In this case, Perpenian, the accused, acted with discernment when she
was 17 years old at the time of the commission of the offense. Her minority
should be appreciated not as an exempting circumstance, but as a privileged
mitigating circumstance pursuant to Article 68 of the Revised Penal Code91.
Subsidiary Liability
In Calang vs. People of the Philippines, the prosecution charged Calang
with multiple homicide, multiple serious physical injuries and damage to
property thru reckless imprudence before the RTC. The RTC found Calang
guilty beyond reasonable doubt of reckless imprudence resulting to multiple
homicide, multiple physical injuries and damage to property. The RTC
ordered Calang and Philtranco, jointly and severally, to pay P50,000.00 as
death indemnity to the heirs of Armando, the victim; P50,000.00 as death
indemnity to the heirs of Mabansag, another victim; and P90,083.93 as actual
damages to the private complainants. The petitioners claim that there was no
basis to hold Philtranco, employer, jointly and severally liable with Calang
because the former was not a party in the criminal case (for multiple homicide
with multiple serious physical injuries and damage to property thru reckless
imprudence) before the RTC. The Court, holding that the RTC and CA both
87
Robert Sierra y Caneda v. People of the Philippines, G.R. No. 182941, July 3, 2009
88
Robert Sierra y Caneda v. People of the Philippines, supra
89
People of the Philippines v. Halil Gamboa y Esmail, G.R. No. 172707, October 1, 2013
90
Raymund Madali and Rodel Madali v. People of the Philippines, G.R. No. 180380, August 4, 2009
91
Article 68 of the Revised Penal Code provides: “Penalty imposed upon a person under eighteen years of
age – When the offender is a minor under eighteen years and his case is one coming under the provisions
of the paragraphs next to the last of Article 80 of this Code, the following rules shall be observed:
1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by
reason of the court having declared that he acted with discernment, a discretionary penalty
shall be imposed, but always lower by two degrees at least than that prescribed by law for the
crime which he committed.
2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that
prescribed by law shall be imposed, but always in the proper period.”
92
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.
93
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.
94
Rolito Calang vs. People of the Philippines, G.R. No. 190696, August 3, 2010
95
Maria Luisa Martinez vs. Manuel H. Barredo, et al., G.R. No. L-49308, May 13, 1948
96
Philippine Rabbit Bus Lines, Inc., vs. People of the Philippines, G.R. No. 147703, April 14, 2004
97
Hilario S. Nagrampa vs. Mulvaney Macmillan & Co., Inc., G.R. No. L-8326, October 24, 1955
98
“It is high time that the employer exercised the greatest care in selecting his employees, taking real and
deep interest in their welfare; intervening in any criminal action brought against them by reason of or as a
result of the performance of their duties, if only in the way of giving them the benefit of counsel; and
consequently doing away with the practices of leaving them to their fates. If these be done, the American
rule requiring notice on the part of the employer shall have been satisfied.”
99
Jose Miranda vs. Malate Garage & Taxicab Inc., G.R. No. L-8943, July 31, 1956
100
Spouses Federico Franco and Felicisima R. Franco vs. Intermediate Appellate Court, G.R. No. 71137,
October 5, 1989
Both the Revised Penal Code and the Civil Code of the Philippines are
applicable in determining subsidiary liabilities. In Salen & Salbanera vs.
Balce, the Court applied the provisions of both Code as to the subsidiary
liability of a father. Hence, in holding that the civil liability of the son of
appellee arises from his criminal liability and, therefore, the subsidiary
liability of appellee must be determined under the provisions of the Revised
Penal Code, and not under Article 2180 of the new Civil Code which only
applies to obligations which arise from quasi-delicts. The Court while
agreeing with the theory that, as a rule, the civil liability arising from a crime
shall be governed by the provisions of the Revised Penal Code, it disagreed
with the contention that the subsidiary liability of persons for acts of those
who are under their custody should likewise be governed by the same Code
even in the absence of any provision governing the case, for that would leave
the transgression of certain right without any punishment or sanction in the
law. Such would be the case if we would uphold the theory of appellee as
sustained by the trial court. In justifying the ruling, the Court stated:101
It is true that under Article 101 of the Revised Penal Code, a father
is made civilly liable for the acts committed by his son only if the
latter is an imbecile, an insane, under 9 years of age, over 9 but
under 15 years of age, who act without discernment, unless it
appears that there is no fault or negligence on his part. This is
because a son who commits the act under any of those conditions
is by law exempt from criminal liability (Article 12, subdivisions
1, 2 and 3, Revised Penal Code). The idea is not to leave the act
entirely unpunished but to attach certain civil liability to the person
who has the deliquent minor under his legal authority or control.
But a minor over 15 who acts with discernment is not exempt from
criminal liability, for which reason the Code is silent as to the
subsidiary liability of his parents should he stand convicted. In that
101
Severino Salen and Elena Salbanera vs. Jose Balce, G.R. No. L-14414, April 27, 1960
case, resort should be had to the general law which is our Civil
Code.
The particular law that governs this case is Article 2180, the
pertinent portion of which provides: "The father and, in case of his
death or incapacity, the mother, are responsible for damages caused
by the minor children who lived in their company." To hold that
this provision does not apply to the instant case because it only
covers obligations which arise from quasi-delicts and not
obligations which arise from criminal offenses, would result in the
absurdity that while for an act where mere negligence intervenes
the father or mother may stand subsidiarily liable for the damage
caused by his or her son, no liability would attach if the damage is
caused with criminal intent. Verily, the void that apparently exists
in the Revised Penal Code is subserved by this particular provision
of our Civil Code, as may be gleaned from some recent decisions
of this Court which cover equal or identical cases.
The civil liability which the law imposes upon the father and, in case of
his death or incapacity, the mother, for any damages that may be caused by
the minor children who live with them, is obvious. This is a necessary
consequence of the parental authority they exercise over them which imposes
upon the parents the "duty of supporting them, keeping them in their company,
educating them in proportion to their means", while, on the other hand, gives
them the "right to correct and punish them in moderation" (Arts. 134 and 135,
Spanish Civil Code). The only way by which they can relieved themselves of
this liability is if they prove that they exercised all the diligence of a good
father of a family to prevent the damage (Art. 1903, last paragraph, Spanish
Civil Code.)102
The Court also had the opportunity to correlate Article 102 and 103 of
the Revised Penal Code to pertinent provisions of Workmen’s Compensation
Law in the case of Heirs of Generoso vs. Universal Textile Mills, Inc. where
it stated that Sections 5103 and 6104 of the Workmen's Compensation Law and
articles 102 and 103 of the Revised Penal Code are statutes in pari materia
and they should be construed together. This case resolved the question of
102
Sabina Exconde vs. Delfin Capuno, G.R. No. L-10134, June 29, 1957
103
SEC. 5. Exclusive right to compensation. - The rights and remedies granted by this Act to an employee
by reason of a personal injury entitling him to compensation shall exclude all other rights and remedies
accruing to the employee, his personal representatives, dependents or nearest of kin against the employer
under the Civil Code and other laws because of said injury. (2nd paragraph is omitted.)
104
SEC. 6. Liability of third parties. - In case an employee suffers an injury for which compensation is due
under this Act by any other person besides his employer, it shall be optional with such injured employee
either to claim compensation from his employer, under this Act, or sue such other person for damages, in
accordance with law; and in case compensation is claimed and allowed in accordance with this Act, the
employer who paid such compensation or was found liable to pay the same, shall succeed the injured
employee to the right of recovering from such person what he paid:
Provided, That in case the employer recovers from such third person damages in excess of those
paid or allowed under this Act, such excess shag be delivered to the injured employee or any other person
entitled thereto, after deduction of the expenses of the employer and the costs of the proceedings.
The sum paid by the employer for compensation or the amount of compensation to which the
employee or his dependents are entitled under the provisions of this Act, shall not be admissible as evidence
in any damage suit or action.
105
Heirs of Marcelo Generoso vs. Universal Textile Mills, Inc., G.R. No. L-28586, January 22, 1980
106
Art. 110. Several and subsidiary liability of principals, accomplices and accessories of a felony;
Preference in payment. — Notwithstanding the provisions of the next preceding article, the principals,
accomplices, and accessories, each within their respective class, shall be liable severally (In solidum) among
themselves for their quotas, and subsidiaries for those of the other persons liable.
The subsidiary liability shall be enforced, first against the property of the principals; next, against
that of the accomplices, and, lastly, against that of the accessories.
Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom
payment has been made shall have a right of action against the others for the amount of their respective
shares.
107
People of the Philippines vs. Bartolome Tampus, G.R. No. 181084, June 16, 2009
108
People of the Philippines vs. Rolando Tamayo, G.R. No. 138608, September 24, 2002
109
People of the Philippines vs. Roberto Saul, G.R. No. 124809, December19, 2001
110
People of the Philippines vs. Elezer Galapin, G.R. No. 124215, July 31, 1998
111
People of the Philippines vs. Donato B. Continente, G.R. Nos. 100801-02, August 25, 2000
In the cases mentioned above, the principal and accomplice were made
to pay equal shares of the civil indemnity. This makes the accomplice who
had less participation in the commission of the crime equally liable with the
principal for the civil indemnity. The degree of their participation in the crime
was not taken into account in the apportionment of the amount of the civil
indemnity. This is contrary to the principle behind the treble division of
persons criminally responsible for felonies, i.e., that the liability must be
commensurate with the degree of participation of the accused in the crime
committed. In such a situation, the accomplice who just cooperated in the
execution of the offense but whose participation is not indispensable to the
commission of the crime is made to pay the same amount of civil indemnity
as the principal by direct participation who took a direct part in the execution
of the criminal act. It is an injustice when the penalty and liability imposed
are not commensurate to the actual responsibility of the offender; for criminal
responsibility is individual and not collective, and each of the participants
should be liable only for the acts actually committed by him. The proportion
of this individual liability must be graduated not only according to the nature
of the crime committed and the circumstances attending it, but also the degree
and nature of participation of the individual offender.114
In these cases, the accomplice was made jointly and severally liable
with the principal for only half of the amount of the civil indemnity and moral
damages, only for purposes of the enforcement of the payment of civil
indemnity to the offended party. When the liability in solidum has been
112
People of the Philippines vs. Agustin Sotto, G.R. No. 106099, July 8, 1997
113
People of the Philippines vs. Luis B. Toring, G.R. No. L-56358, October 26, 1990
114
People of the Philippines vs. Bartolome Tampus, supra
115
Ernesto Garces vs. People of the Philippines, G.R. No. 173858, July 17, 2007
116
People of the Philippines vs. Isabelo Ragnudiaz, G.R. No. 124977, June 22, 2000
enforced, as when payment has been made, the person by whom payment has
been made shall have a right of action against the other persons liable for the
amount of their respective shares. As against each other, whoever made the
payment may claim from his co-debtors only the share that corresponds to
each, with interest for the payment already made. In these cases, therefore,
payment is made by either the principal or the accomplice, the one who made
the payment to the victim could demand payment of the part of the debt
corresponding to his co-debtor. If for example the principal paid the victim
the entire amount of the civil indemnity, he could go against the accomplice
for one-fourth (1/4) of the total amount of civil indemnity and damages. The
principal was primarily liable for only one-half (1/2) of the total amount of
civil indemnity and he was solidarily liable with the accomplice for the other
half. Since the principal paid for the half which the accomplice is solidarily
liable with, he could claim one-half (1/2) of that amount from the accomplice.
Thus, the principal would have become ultimately liable for three-fourths
(3/4) of the total amount of the civil indemnity and damages, while the
accomplice would have become liable for one-fourth (1/4) of such amount.117
117
People of the Philippines vs. Bartolome Tampus, supra
118
Ibid.
III. DAMAGES
This Court endeavored to end, once and for all, the confusion as to the
proper award of damages in criminal cases where the imposable penalty for
the crime is reclusion perpetua or death in People vs. Combate. As a rule, the
Court awards three kinds of damages in these types of criminal cases: civil
indemnity and moral and exemplary damages.119
The second type of damages the Court awards are moral damages,
which are also compensatory in nature. Similarly, in American jurisprudence,
moral damages are treated as compensatory damages awarded for mental pain
and suffering or mental anguish resulting from a wrong. They may also be
considered and allowed for resulting pain and suffering, and for humiliation,
indignity, and vexation suffered by the plaintiff as result of his or her
assailants conduct, as well as the factors of provocation, the reasonableness
of the force used, the attendant humiliating circumstances, the sex of the
victim, [and] mental distress.122
119
People of the Philippines vs. Jose Pepito D. Combate, G.R. No. 189301, December 15, 2010
120
Ibid.
121
Ibid.
122
Ibid.
123
Ibid.
Jurisprudence provides that the first factor, i.e., life expectancy, shall
be computed by applying the formula (2/3 x [80 - age at death]) adopted in
the American Expectancy Table of Mortality or the Actuarial of Combined
Experience Table of Mortality.125
124
Candano Shipping Lines, Inc. vs. Florentina J. Sugata-on, G.R. No. 163212, March 13, 2007
125
Lambert v. Heirs of Ray Castillon, G.R. No. 160709, 23 February 2005
126
Candano Shipping Lines, Inc. vs. Florentina J. Sugata-on, supra
127
Endreo Magbanua vs. Jose Tabusares, Jr., G.R. No. 152134, June 4, 2004
128
Villa Rey Transit, Inc. vs. The Court of Appeals, G.R. No. L-25499, February 18, 1970
entire earning, but rather the loss of that portion of the earnings
which the beneficiary would have received. In other words, only
net earnings, and not gross earnings are to be considered that is, the
total of the earnings less expenses necessary in the creation of such
earnings or income and less living and other incidental expenses.
129
Candano Shipping Lines, Inc. vs. Florentina J. Sugata-on, supra
130
People of the Philippines vs. Renato Lagat y Gawan, G.R. No. 187044, September 14, 2011
(1) The defendant shall be liable for the loss of the earning capacity
of the deceased, and the indemnity shall be paid to the heirs of the
latter; such indemnity shall in every case be assessed and awarded
by the court, unless the deceased on account of permanent physical
disability not caused by the defendant, had no earning capacity at
the time of his death[.]
In another case, the Court deleted the award for loss of earning capacity
to the victim’s heirs because the prosecution failed to establish this claim. As
a rule, documentary evidence should be presented to substantiate a claim for
loss of earning capacity. While there are exceptions to this rule, these
exceptions do not apply to the victim as he was a security guard when he died;
he was not a worker earning less than the current minimum wage under
current labor laws.134
131
Leticia Tan vs. OMC Carriers, Inc., G.R. No. 190521, January 12, 2011
132
Paulita Edith Serra vs. Nelfa T. Mumar, G.R. No. 193861, March 14, 2012
133
Leticia Tan vs. OMC Carriers, Inc., supra
134
People of the Philippines vs. Teofilo Rey Buyagan, G.R. No. 187733, February 8, 2012
135
Romulo Abrogar vs. Cosmos Bottling Company, G.R. No. 164749, March 15, 2017
136
Ibid.
137
Metro Manila Transit Corporation vs. Court of Appeals, G.R.No.116617, November l6, 1998
138
Romulo Abrogar vs. Cosmos Bottling Company, supra
Moral Damages
Moral damages are recoverable only when physical suffering, mental
anguish, fright, serious anxiety, besmirched reputation, wounded feelings,
moral shocks, social humiliation, and similar injury are the proximate result
of a criminal offense resulting in physical injuries, quasi-delicts causing
physical injuries, seduction, abduction, rape or other lascivious acts, adultery
or concubinage, illegal or arbitrary detention or arrest, illegal search, libel,
slander or any other form of defamation, malicious prosecution, disrespect for
the dead or wrongful interference with funerals, violation of specific
provisions of the Civil Code on human relations, and willful injury to
property.142 Del Mundo v. Court of Appeals explained the nature and purpose
of moral damages, viz:
139
People vs. Sanchez, G.R. Nos. 121039-121045, October 18, 2001, 367 SCRA 520
140
Romulo Abrogar vs. Cosmos Bottling Company, supra
141
Perena vs. Zarate, G.R. No. 157917, August 29, 2012, 679 SCRA 208, 234
142
Oscar Ventanilla vs. Gregorio Centeno, G.R. No. L-14333, January 28, 1961
Exemplary Damages
Our jurisprudence sets certain conditions when exemplary damages
may be awarded: First, they may be imposed by way of example or correction
only in addition, among others, to compensatory damages, and cannot be
recovered as a matter of right, their determination depending upon the amount
of compensatory damages that may be awarded to the claimant. Second, the
claimant must first establish his right to moral, temperate, liquidated or
compensatory damages. Third, the wrongful act must be accompanied by bad
faith, and the award would be allowed only if the guilty party acted in a
wanton, fraudulent, reckless, oppressive or malevolent manner.148
145
B.F. Metal vs. Spouses Rolando M. Lomotan and Linaflor Lomotan, G.R. No. 170813, April 16, 2008
146
Ibid.
147
Ibid.
148
Mariano C. Mendoza vs. Spouses Leonora J. Gomez and Gabriel V. Gomez, G.R. No. 160110, June 18,
2014
149
Ibid.
150
People of the Philippines vs. Jose Pepito D. Combate, supra
It must be noted that, in the said cases, the Court used as basis
Article 2229, rather than Article 2230, to justify the award of
exemplary damages. Indeed, to borrow Justice Carpio Morales
Temperate Damages
According to Article 2224152 of the Civil Code, temperate damages,
which are more than nominal but less than compensatory damages, may be
recovered when the court finds that some pecuniary loss has been suffered but
its amount cannot, from the nature of the case, be proved with certainty. For
this purpose, the determination of the temperate damages rests in the sound
discretion of the courts. To illustrate, in People v. Murcia, the Court reduced
the amount of ₱250,000.00 fixed by the RTC, although affirmed by the CA,
to ₱200,000.00 by way of temperate damages upon noting that the former
amount had been based only on the complainant’s estimate of the value of his
house. Consequently, the Court holds that the amount of ₱500,000.00 in the
form of temperate damages is reasonable considering that the dwelling of the
Spouses Cogtas had been completely burned down.153
Actual Damages
He who claims actual or compensatory damages must establish and
prove by competent evidence actual pecuniary loss.156 Actual or
compensatory damages are those awarded in satisfaction of, or in recompense
for, loss or injury sustained. They simply make good or replace the loss caused
by the wrong. Article 2202157 of the Civil Code provides that in crimes and
quasi delicts, the defendant shall be liable for all damages which are the
151
People of the Philippines vs. Antonio Dalisay y Destresa, G.R. No. 188106, November 25, 2009
152
Art. 2224. Temperate or moderate damages, which are more than nominal but less than compensatory
damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount
can not, from the nature of the case, be provided with certainty.
153
Gilfredo Bacolod vs. People of the Philippines, G.R. No. 206236, July 15, 2003
154
People of the Philippines vs. Bingky Campos, G.R. No. 176061, July 4, 2011
155
Oscar Ventanilla vs. Gregorio Centeno, supra
156
Oscar Ventanilla vs. Gregorio Centeno, supra
157
Art. 2202. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural
and probable consequences of the act or omission complained of. It is not necessary that such damages
have been foreseen or could have reasonably been foreseen by the defendant.
The Court, therefore, time and again, has emphasized that actual
damages cannot be presumed and courts, in making an award, must point out
specific facts which could afford a basis for measuring whatever
compensatory or actual damages are borne. An award of actual damages is
“dependent upon competent proof of the damages suffered and the actual
amount thereof. The award must be based on the evidence presented, not on
the personal knowledge of the court; and certainly not on flimsy, remote,
speculative and unsubstantial proof.”161 Credence can be given only to claims
which are duly supported by receipts.162
158
Art. 2199. Except as provided by law or by stipulation, one is entitled to an adequate compensation only
for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as actual
or compensatory damages.
159
Mariano C. Mendoza vs. Spouses Leonora J. Gomez and Gabriel V. Gomez, supra
160
Viron Transportation Co., Inc., vs. Alberto Delos Santos y Natividad, G.R. No. 138296, Novermber 22,
2000
161
International Container Terminal Services, Inc. vs. Celeste M. Chua, G.R. No. 195031, March 26, 2014
162
People of the Philippines vs. Victoriano Villar, G.R. No. 202708, April 13, 2015
Article 2206 of the Civil Code enumerates the damages that may be
recovered from the accused or defendant for death caused by a crime or quasi-
delict, to wit:
(l)The defendant shall be liable for the loss of the earning capacity
of the deceased, and the indemnity shall be paid to the heirs of the
latter; such indemnity shall in every case be assessed and awarded
by the court, unless the deceased on account of permanent physical
disability not caused by the defendant, had no earning capacity at
the time of his death;
The first item of civil liability is the civil indemnity for death, or death
indemnity.
163
People of the Philippines vs. Judito Molina, G.R. No. 184173, March 13, 2009
164
People of the Philippines vs. Mariano Oandasan, Jr., G.R. No. 194605, June 14, 2016
Article 2206 of the Civil Code, supra, has fixed the death indemnity to
be "at least three thousand pesos, even though there may have been
mitigating circumstances." Yet, the granting of civil indemnity was not
introduced by the Civil Code, for the courts had granted death indemnity to
the heirs of the victims even long prior to August 30, 1950, the date of the
effectivity of the Civil Code.165
The award of civil indemnity dated back to the early years of the Court.
In the 1905 case of U.S. vs. Bastas and De la Serna¸ a murder case, the Court
sentenced Dionisio de la Serna to fifteen years’ imprisonment (cadena
temporal) with the accessory penalties of article 56 of the Penal Code, and to
pay an indemnity to Venancio Araneta of 500 pesos, and costs.166 In US vs.
Indon, a 1908 case, the amount of P1,000.00 was awarded to the heirs of the
deceased.167
In the 1948 case of People vs. Amansec, the Court modified the
appealed decision and, according to article 249 of the Revised Penal Code,
sentenced the appellant to 10 years and 1 day of prision mayor to 17 years, 4
months and 1 day of reclusion temporal and to pay, besides the costs, to the
heirs of the deceased Pedro Intal, an indemnity of P6,000.00, taking into
consideration the difference between the value of the present currency and
that at the time when the law fixing a minimum indemnity of P2,000.00 was
enacted.170 However, in 1968, the Court, in People v. Pantoja, the Court
165
Ibid.
166
The United States vs. Basilio Bastas and Dionisio De la Serna, G.R. No. 2322, November 10, 1905
167
The United States vs. Indon, 11 Phil. 64 (1908)
168
People of The Philippines vs. Mariano Oandasan, Jr., supra
169
Ibid.
170
The People of the Philippines vs. Lope Amansec y Bucao, G.R. No. L-927, March 11, 1948
ordered the appellant to pay the heirs of Angel Marasigan the sum of P12,000
as compensatory damages, and to pay the heirs of Wenceslao Hernandez the
sum of P12,000 as compensatory damages.171 To justify the upgrade, the
Court included a review of the more recent history of civil indemnity for death
in this jurisdiction, to wit:
In 1947, when the Project of Civil Code was drafted, the Code
Commission fixed the sum of P3,000 as the minimum amount of
compensatory damages for death caused by a crime or quasi-delict.
The Project of Civil Code was approved by both Houses of the
Congress in 1949 as the New Civil Code of the Philippines, which
took effect in 1950. In 1948 in the case of People vs. Amansec, 80
Phil. 424, the Supreme Court awarded P6,000 as compensatory
damages for death caused by a crime "considering the difference
between the value of the present currency and that at the time when
the law fixing a minimum indemnity of P2,000 was enacted." The
law referred to was Commonwealth Act No. 284 which took effect
in 1938. In 1948, the purchasing power of the Philippine peso was
one-third of its pre-war purchasing power. In 1950, when the New
Civil Code took effect, the minimum amount of compensatory
damages for death caused by a crime or quasi-delict was fixed in
Article 2206 of the Code at P3,000. The article repealed by
implication Commonwealth Act No. 284. Hence, from the time the
New Civil Code took effect, the Courts could properly have
awarded P9,000 as compensatory damages for death caused by a
crime or quasi-delict. It is common knowledge that from 1948 to
the present (1968), due to economic circumstances beyond
governmental control, the purchasing power of the Philippine peso
has declined further such that the rale of exchange now in the free
market is U.S. $1.00 to almost £4.00 Philippine pesos. This means
that the present purchasing power of the Philippine peso is one-
fourth of its pre-war purchasing power. We are, therefore, of the
considered opinion that the amount of award of compensatory
damages for death caused by a crime or quasi-delict should now be
P12,000.
Increases were made from time to time until the death indemnity
reached the threshold of P50,000.00 (e.g., appellant Santiano is further
ordered to pay the heirs of the victim the amounts of P50,000.00 as death
indemnity in People vs. Dagani)172, where it remained for a long time. In that
time, however, the Court occasionally granted P75,000.00 as civil indemnity
for death. For example, in People vs. Quiachon, the Court said that
notwithstanding the abolition of the death penalty under R.A. No. 9364, the
Court has resolved to maintain the award of P75,000.00 for rape committed
or effectively qualified by any of the circumstances under which the death
penalty would have been imposed prior to R.A. No. 9346. In justifying such,
the Court pronounced:173
171
The People of the Philippines vs. Getulio Pantoja, G.R. No. L-18793, October 11, 1968
172
People of the Philippines vs. Rolando Dagani y Reyes, G.R. No. 153875, August 16, 2006
173
People of the Philippines vs. Roberto Quiachon y Bayona, G.R. No. 170236, August 31, 2006
174
People of the Philippines vs. Mariano Oandasan, Jr., supra
175
People of the Philippines vs. Samuel Anod, G.R. No. 186420, August 25, 2009
176
People of the Philippines vs. Mariano Oandasan, Jr., supra
177
People of the Philippines vs. Roel Arbalate, G.R. No. 183457, September 17, 2009
178
People of the Philippines vs. Mariano Oandasan, Jr., supra
179
People of the Philippines vs. Ford Gutierrez y Dimaano, G.R. No. 188602, February 4, 2010
180
People of the Philippines vs. Mitsuel L. Elarcosa, G.R. No. 186539, June 29, 2010
181
People of the Philippines vs. Victoriano Dela Cruz y Lorenzo, G.R. No. 187683, February 11, 2010
182
People of the Philippines vs. Mariano Oandasan, Jr., supra
However, in 2013, the Court once again changed its mind in People vs.
Pondivida where it ordered the accused to pay complainant Rodelyn
Buenavista ₱50,000 as civil indemnity ex delicto.183 Incidentally, the civil
indemnity for homicide remained pegged at P50,000.00 for almost two
decades.184
It is again timely to raise the civil indemnity for death arising from
crime or quasi-delict. We start by reminding that human life, which
is not a commodity, is priceless. The value of human life is
incalculable, for no loss of life from crime or quasi-delict can ever
be justly measured. Yet, the law absolutely requires every injury,
especially loss of life, to be compensated in the form of damages.
For this purpose, damages may be defined as the pecuniary
compensation, recompense, or satisfaction for an injury sustained,
or, as otherwise expressed, the pecuniary consequences that the law
imposes for the breach of some duty or the violation of some right.
As such, damages refer to the amount in money awarded by the
court as a remedy for the injured. Although money has been
accepted as the most frequently used means of punishing, deterring,
compensating and regulating injury throughout the legal system, it
has been explained that money in the context of damages is not
awarded as a replacement for other money, but as substitute for that
which is generally more important than money; it is the best thing
that a court can do. Regardless, the civil indemnity for death, being
compensatory in nature, must attune to contemporaneous economic
realities; otherwise, the desire to justly indemnify would be
thwarted or rendered meaningless. This has been the legislative
justification for pegging the minimum, but not the maximum, of
the indemnity.
183
People of the Philippines vs. John Alvin Pondivida, G.R. No. 188969, February 27, 2013
184
People of the Philippines vs. Mariano Oandasan, Jr., supra
185
Ibid.
186
Ibid.
Rape
For simple rape, the Court in People vs. Lascano said that the award of
civil indemnity to the rape victim is mandatory upon the finding that rape took
place. Moral damages, on the other hand, are awarded to rape victims without
need of proof other than the fact of rape, under the assumption that the victim
suffered moral injuries from the experience she underwent. Therefore, this
Court affirms the award of P50,000.00 as civil indemnity and P50,000.00 as
moral damages, based on prevailing jurisprudence.188
In rape cases, when the victim is under 18 years of age and the offender
is a parent, ascendant, step-parent, guardian, relative by consanguinity or
affinity within the third civil degree, or the common-law-spouse of the parent
of the victim, the imposable penalty is death. However, with the enactment of
Republic Act No. (RA) 9346 or An Act Prohibiting the Imposition of Death
Penalty in the Philippines, the imposition of death penalty is now prohibited.
In lieu of the penalty of death, the penalty of reclusion perpetua shall be
imposed when the law violated makes use of the nomenclature of the penalties
of the RPC. Consequently, courts can no longer impose the penalty of death.
Instead, they have to impose reclusion perpetua. Nonetheless, the principal
consideration for the award of damages is the penalty provided by law or
imposable for the offense because of its heinousness, not the public penalty
187
People of the Philippines vs. Ireneo Jugueta, G.R. No. 202124, April 5, 2016
188
People of the Philippines vs. Alias Kino Lascano, G.R. No. 192180, March 21 2012
Moreover, in another case, the trial court appreciated not just one, but
three (3) aggravating circumstances, namely: (a) the use of a deadly weapon;
(b) the act was committed in the dwelling of the private complainant; and (c)
entrance to the private complainants dwelling was obtained by unlawful entry.
The first two aggravating circumstances were sufficiently alleged in the
criminal information and were also adequately proved by the prosecution
during trial. Considering the presence of aggravating circumstances, the
proper imposable penalty is death. However, due to Republic Act No. 9346,
which prohibits the imposition of the death penalty, the CA correctly modified
the penalty to reclusion perpetua. The Court said that although the CA was
correct in awarding PhP 30,000 as exemplary damages, the award of moral
damages should be increased to PhP 75,000 in addition to the amounts of
P75,000.00 as civil indemnity. There should also be an interest of six percent
(6%) per annum on all damages awarded from the finality of judgment until
fully paid, in line with prevailing jurisprudence.190
189
People of the Philippines vs. Juanito Apattad, G.R. No. 193188, August 10, 2011
190
People of the Philippines vs. Feliciano Saysot Cias, G.R. No. 194379, June 1, 2011
addition, interest at the rate of six percent (6%) per annum shall be imposed
on all monetary awards from date of finality of this decision until fully paid.191
In People vs. Pusing, the Court modified the award of civil indemnity
from ₱50,000.00 to ₱100,000.00, moral damages from ₱50,000.00 to
₱100,000.00, and exemplary damages from ₱25,000.00 to ₱100,000.00 for
qualified rape through carnal knowledge; the award of civil indemnity from
₱50,000.00 to ₱100,000.00, moral damages from ₱50,000.00 to ₱100,000.00,
and exemplary damages from ₱25,000.00 to ₱100,000.00 for qualified rape
through sexual assault; and retained the award of civil indemnity and moral
damages of ₱50,000.00, but increase the exemplary damages from ₱25,000.00
to ₱30,000.00 for acts of lasciviousness against AAA.196 The amount in
current jurisprudence is far from the 2009 case of People vs. Abello where
Court said that avictim of rape by sexual assault is entitled to an award of
P30,000 as civil indemnity and P30,000 as moral damages.197
195
People of the Philippines vs. Jaime Brioso Alias Talap-Talap, G.R. No. 209344, June 27, 2016
196
People of the Philippines vs. Edilberto Pusing y Tamor, G.R. No. 208009, July 11, 2016
197
The People of the Philippines vs. Heracleo Abello y Fortada, G.R. No. 151952, March 25, 2009
198
Article 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned
hereinbelow shall be punished by:
1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum
period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such
amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum
period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall
not exceed twenty years. In such cases, and in connection with the accessory penalties which may be
imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal,
as the case may be.
2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the
fraud is over 6,000 pesos but does not exceed 12,000 pesos;
3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period if such amount is over 200 pesos but does not exceed 6,000 pesos; and
4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided
that in the four cases mentioned, the fraud be committed by any of the following means:
1. With unfaithfulness or abuse of confidence, namely:
a. By altering the substance, quantity, or quality or anything of value which the
offender shall deliver by virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal consideration.
b. By misappropriating or converting, to the prejudice of another, money, goods,
or any other personal property received by the offender in trust or on
commission, or for administration, or under any other obligation involving the
duty to make delivery of or to return the same, even though such obligation be
totally or partially guaranteed by a bond; or by denying having received such
money, goods, or other property.
c. By taking undue advantage of the signature of the offended party in blank, and
by writing any document above such signature in blank, to the prejudice of the
offended party or of any third person.
explained the civil liability ex delicto in estafa cases and the development of
doctrines throughout the years.199
The essence of the crime is the unlawful abuse of confidence or
deceit in order to cause damage. As this Court previously held, "the
element of fraud or bad faith is indispensable." Our law abhors the
act of defrauding another person by abusing his trust or deceiving
him, such that, it criminalizes this kind of fraud.
In this kind of estafa, the fraud which the law considers as criminal
is the act of misappropriation or conversion. When the element of
misappropriation or conversion is missing, there can be no estafa.
In such case, applying the foregoing discussions on civil liability ex
delicto, there can be no civil liability as there is no act or omission
from which any civil liability may be sourced. However, when an
accused is acquitted because a reasonable doubt exists as to the
existence of misappropriation or conversion, then civil liability
may still be awarded. This means that, while there is evidence to
prove fraud, such evidence does not suffice to convince the court
to the point of moral certainty that the act of fraud amounts
to estafa. As the act was nevertheless proven, albeit without
2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:
a. By using fictitious name, or falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions, or by
means of other similar deceits.
b. By altering the quality, fineness or weight of anything pertaining to his art or
business.
c. By pretending to have bribed any Government employee, without prejudice to
the action for calumny which the offended party may deem proper to bring
against the offender. In this case, the offender shall be punished by the
maximum period of the penalty.
d. [By post-dating a check, or issuing a check in payment of an obligation when the
offender therein were not sufficient to cover the amount of the check. The
failure of the drawer of the check to deposit the amount necessary to cover his
check within three (3) days from receipt of notice from the bank and/or the
payee or holder that said check has been dishonored for lack of insufficiency of
funds shall be prima facie evidence of deceit constituting false pretense or
fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)]
e. By obtaining any food, refreshment or accommodation at a hotel, inn,
restaurant, boarding house, lodging house, or apartment house and the like
without paying therefor, with intent to defraud the proprietor or manager
thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging
house, or apartment house by the use of any false pretense, or by abandoning
or surreptitiously removing any part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment house after obtaining credit, food,
refreshment or accommodation therein without paying for his food,
refreshment or accommodation.
3. Through any of the following fraudulent means:
a. By inducing another, by means of deceit, to sign any document.
b. By resorting to some fraudulent practice to insure success in a gambling game.
c. By removing, concealing or destroying, in whole or in part, any court record,
office files, document or any other papers.
199
Gloria S. Dy vs. People of the Philippines, supra
Earlier cases ordered the dismissal of the civil action for recovery
of civil liability ex delicto whenever there is a finding that there
was no estafa but rather an obligation to pay under a contract.
In People v. Pantig, this Court affirmed the ruling of the lower
court acquitting Pantig, but revoked the portion sentencing him to
pay the offended party the amount of money alleged to have been
obtained through false and fraudulent representations, thus —
The trial court found as a fact that the sum of P1,200, ordered to be
paid in the judgment of acquittal, was received by the defendant-
appellant as loan. This finding is inconsistent with the existence of
the criminal act charged in the information. The liability of the
defendant for the return of the amount so received arises from a
civil contract, not from a criminal act, and may not be enforced in
the criminal case.
This was also the import of the ruling in People v. Singson. In that
case, this Court found that "the evidence [was] not sufficient to
establish the existence of fraud or deceit on the part of the accused.
Thus, this Court ruled that Cuyugan has the obligation, which is
civil in character, to pay the amount borrowed.
200
People of the Philippines vs. Ireneo Jugueta, G.R. No. 202124, April 5, 2016
III. For Complex crimes under Article 48 of the Revised Penal Code where
death, injuries, or sexual abuse results, the civil indemnity, moral
damages and exemplary damages will depend on the penalty, extent of
violence and sexual abuse; and the number of victims where the penalty
consists of indivisible penalties:
A. Where the penalty imposed is death but reduced to reclusion perpetua
because of RA 9346:
Civil Indemnity 100,000.00 pesos
Moral Damages 100,000.00 pesos
Exemplary Damages 100,000.00 pesos
B. Where the penalty imposed is reclusion perpetua, other than the above-
mentioned:
Civil Indemnity 75,000.00 pesos
Moral Damages 75,000.00 pesos
Exemplary Damages 75,000.00 pesos
The above Rules apply to every victim who dies as a result of the crime committed. In
other complex crimes where death does not result, like in Forcible Abduction with Rape,
the civil indemnity, moral and exemplary damages depend on the prescribed penalty and
the penalty imposed, as the case may be.
The above Rules do not apply if in the crime of Robbery with Homicide, the robber/s
or perpetrator/s are themselves killed or injured in the incident.
Where the component crime is rape, the above Rules shall likewise apply, and that for
every additional rape committed, whether against the same victim or other victims, the
victims shall be entitled to the same damages unless the other crimes of rape are treated
as separate crimes, in which case, the damages awarded to simple rape/qualified
rape shall apply.
V. In other crimes that result in the death of a victim and the penalty
consists of divisible penalties, i.e., Homicide, Death under Tumultuous
Affray, Infanticide to conceal the dishonour of the offender, Reckless
Imprudence Resulting to Homicide, Duel, Intentional Abortion and
Unintentional Abortion, etc.:
A. Where the crime was consummated:
Civil Indemnity 50,000.00 pesos
Moral Damages 50,000.00 pesos
B. Where the crime committed was not consummated, except those crimes where
there are no stages, i.e., Reckless Imprudence and Death under tumultuous
affray:
1. Frustrated
Civil Indemnity 30,000.00 pesos
Moral Damages 30,000.00 pesos
2. Attempted
Civil Indemnity 20,000.00 pesos
Moral Damages 20,000.00 pesos
If an aggravating circumstance was proven during the trial, even if not alleged in the
Information, in addition to the above mentioned amounts as civil indemnity and moral
damages, the amount of
₱50,000.00 exemplary damages for consummated;
₱30,000.00 for frustrated; and
₱20,000.00 for attempted, shall be awarded.
VI.
A. In the crime of Rebellion where the imposable penalty is reclusion perpetua
and death occurs in the course of the rebellion, the heirs of those who died are
entitled to the following:
Civil Indemnity 100,000.00 pesos
Moral Damages 100,000.00 pesos
Exemplary Damages 100,000.00 pesos
B. For the victims who suffered mortal/fatal wounds in the course of the
rebellion and could have died if not for a timely medical intervention, the
following shall be awarded:
Civil Indemnity 75,000.00 pesos
Moral Damages 75,000.00 pesos
Exemplary Damages 75,000.00 pesos
C. For the victims who suffered non-mortal/non-fatal injuries:
Civil Indemnity 50,000.00 pesos
Moral Damages 50,000.00 pesos
Exemplary Damages 50,000.00 pesos
Under the foregoing rule, an action for the recovery of civil liability
arising from an offense charged is necessarily included in the criminal
proceedings, unless (1) there is an express waiver of the civil action, or (2)
there is a reservation to institute a separate one, or (3) the civil action was filed
prior to the criminal complaint.201 The new Section 1 or Rule 111 now
provides:
When the offended party seeks to enforce civil liability against the
accused by way of moral, nominal, temperate, or exemplary
damages without specifying the amount thereof in the complaint or
information, the filing fees thereof shall constitute a first lien on
the judgment awarding such damages.
201
Spouses Benito Lo Bun Tiong and Caroline Siok Ching Teng vs. Vicente Balboa, G.R. No. 158177, January
28, 2008
Upon filing of the aforesaid joint criminal and civil actions, the
offended party shall pay in full the filing fees based on the amount
of the check involved, which shall be considered as the actual
damages claimed. Where the complaint or information also seeks
to recover liquidated, moral, nominal, temperate or exemplary
damages, the offended party shall pay additional filing fees based
on the amounts alleged therein. If the amounts are not so alleged
but any of these damages are subsequently awarded by the court,
the filing fees based on the amount awarded shall constitute a first
lien on the judgment.
Where the civil action has been filed separately and trial thereof
has not yet commenced, it may be consolidated with the criminal
action upon application with the court trying the latter case. If the
application is granted, the trial of both actions shall proceed in
accordance with section 2 of this Rule governing consolidation of
the civil and criminal actions. (cir. 57-97)
The last paragraph of Section 2202 of the said rule provides that the
extinction of the penal action does not carry with it the extinction of the civil
action. Moreover, the civil action based on delict shall be deemed
extinguished if there is a finding in a final judgment in the criminal action that
202
Section 2. When separate civil action is suspended. — After the criminal action has been commenced,
the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the
criminal action.
If the criminal action is filed after the said civil action has already been instituted, the latter shall
be suspended in whatever stage it may be found before judgment on the merits. The suspension shall last
until final judgment is rendered in the criminal action. Nevertheless, before judgment on the merits is
rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the
criminal action in the court trying the criminal action. In case of consolidation, the evidence already adduced
in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the
right of the prosecution to cross-examine the witnesses presented by the offended party in the criminal
case and of the parties to present additional evidence. The consolidated criminal and civil actions shall be
tried and decided jointly.
During the pendency of the criminal action, the running of the period of prescription of the civil
action which cannot be instituted separately or whose proceeding has been suspended shall be tolled. (n)
The extinction of the penal action does not carry with it extinction of the civil action. However, the
civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the
criminal action that the act or omission from which the civil liability may arise did not exist.
the act or omission from which the civil liability may arise did not exist. Also,
Unless the offended party waives the civil action or reserves the right to
institute it separately or institutes the civil action prior to the criminal action,
there are two actions involved in a criminal case. The first is the criminal
action for the punishment of the offender. The parties are the People of the
Philippines as the plaintiff and the accused. In a criminal action, the private
complainant is merely a witness for the State on the criminal aspect of the
action. The second is the civil action arising from the delict. The private
complainant is the plaintiff and the accused is the defendant. There is a merger
of the trial of the two cases to avoid multiplicity of suits. 203
In case of offenses falling under B.P. No. 22, even under the amended
rules, a separate proceeding for the recovery of civil liability is allowed when
the civil case is filed ahead of the criminal case. This is rationalized in the
Hyatt case.204 In the Hyatt case, the Court further negated the claim that there
are no identity of parties and causes of action in the criminal and civil
complaints for violation of Batas Pambansa Blg. 22 where a criminal case
against the corporate officers is filed ahead of the civil case against the
corporation. The parties in the civil case against the corporation represent the
same interest as the parties in the criminal case. As to the issue of identity or
non-identity of relief sought, this Court held that the criminal case and the
civil case seek to obtain the same relief. Thus:205
203
Anamer Salazar vs. The People of the Philippines, G.R. No. 151931, September 23, 2003
204
Spouses Benito Lo Bun Tiong and Caroline Siok Ching Teng vs. Vicente Balboa, supra
205
Silangan Textile Manufacturing Corporation vs. Hon. Avelino G. Demetria, G.R. No. 166719, March 12,
2007
206
Hyatt Industrial Manufacturing Corp. vs. Asia Dynamic Electrix Corp., G.R. No. 163957, July 29, 2005
In Hyatt and Silangan cases, the Court applied Supreme Court Circular
No. 57-97207 effective September 16, 1997, which provides:208
This was later adopted as Rule 111(b) of the 2000 Revised Rules of
Criminal Procedure, to wit:209
(b) The criminal action for violation of Batas Pambansa Blg. 22 shall
be deemed to include the corresponding civil action. No reservation
to file such civil action separately shall be allowed.
Upon filing of the aforesaid joint criminal and civil actions, the
offended party shall pay in full the filing fees based on the amount
of the check involved, which shall be considered as the actual
damages claimed. Where the complaint or information also seeks to
recover liquidated, moral, nominal, temperate or exemplary
damages, the offended party shall pay the filing fees based on the
amounts alleged therein. If the amounts are not so alleged but any of
these damages are subsequently awarded by the court, the filing fees
based on the amount awarded shall constitute a first lien on the
judgment.
Where the civil action has been filed separately and trial thereof has
not yet commenced, it may be consolidated with the criminal action
upon application with the court trying the latter case. If the
application is granted, the trial of both actions shall proceed in
207
The foregoing rule was adopted from Circular No. 57-97 of this Court. It specifically states that the
criminal action for violation of B.P. 22 shall be deemed to include the corresponding civil action. It also
requires the complainant to pay in full the filing fees based on the amount of the check involved. Generally,
no filing fees are required for criminal cases, but because of the inclusion of the civil action in complaints
for violation of B.P. 22, the Rules require the payment of docket fees upon the filing of the complaint. This
rule was enacted to help declog court dockets which are filled with B.P. 22 cases as creditors actually use
the courts as collectors. Because ordinarily no filing fee is charged in criminal cases for actual damages, the
payee uses the intimidating effect of a criminal charge to collect his credit gratis and sometimes, upon being
paid, the trial court is not even informed thereof. The inclusion of the civil action in the criminal case is
expected to significantly lower the number of cases filed before the courts for collection based on
dishonored checks. It is also expected to expedite the disposition of these cases. Instead of instituting two
separate cases, one for criminal and another for civil, only a single suit shall be filed and tried. It should be
stressed that the policy laid down by the Rules is to discourage the separate filing of the civil action. The
Rules even prohibit the reservation of a separate civil action, which means that one can no longer file a
separate civil case after the criminal complaint is filed in court. The only instance when separate
proceedings are allowed is when the civil action is filed ahead of the criminal case. Even then, the Rules
encourage the consolidation of the civil and criminal cases. We have previously observed that a separate
civil action for the purpose of recovering the amount of the dishonored checks would only prove to be
costly, burdensome and time-consuming for both parties and would further delay the final disposition of
the case. This multiplicity of suits must be avoided. Where petitioners’ rights may be fully adjudicated in
the proceedings before the trial court, resort to a separate action to recover civil liability is clearly
unwarranted. (Hyatt Industrial Manufacturing Corp. vs. Asia Dynamic Electrix Corp., G.R. No. 163957, July
29, 2005)
208
Spouses Benito Lo Bun Tiong and Caroline Siok Ching Teng vs. Vicente Balboa, supra
209
Ibid.
1. Under Rule 111 of the 1964 Rules of Court, the civil liability
arising from the offense charged was impliedly instituted with
the criminal action, unless such civil action was expressly
waived or reserved. The offended party was authorized to bring
an independent civil action in the cases provided for in Articles
31, 32, 33, 34 and 2177 of the Civil Code provided such right
was reserved.
210
Rafael Jose-Consing, Jr. vs. People of the Philippines, G.R. No. 161075, July 15, 2013
211
San Ildefonso Lines, Inc. vs. Court of Appeals, G.R. No. 119771, April 24, 1998
212
Ibid.
213
Laura Corpus vs. Felardo Paje, G.R. No. L-26737, July 31, 1969
forum-shopping is the filing of multiple suits involving the same parties for
the same cause of action, either simultaneously or successively, to secure a
favorable judgment. Forum-shopping is present when in the two or more cases
pending, there is identity of parties, rights of action and reliefs sought.214
Prejudicial Question
A prejudicial question is one that arises in a case the resolution of which
is a logical antecedent of the issue involved therein, and the cognizance of
which pertains to another tribunal. It is a question based on a fact distinct and
separate from the crime but so intimately connected with it that it determines
the guilt or innocence of the accused, and for it to suspend the criminal action,
it must appear not only that said case involves facts intimately related to those
upon which the criminal prosecution would be based but also that in the
resolution of the issue or issues raised in the civil case, the guilt or innocence
of the accused would necessarily be determined.215 On December 1, 2000, the
2000 Rules on Criminal Procedure became effective and by Sec. 7 of Rule
111, the following are the elements of prejudicial question.216
Aptly put, the following requisites must be present for a civil action to
be considered prejudicial to a criminal case as to cause the suspension of the
criminal proceedings until the final resolution of the civil case: (1) the civil
case involves facts intimately related to those upon which the criminal
prosecution would be based; (2) in the resolution of the issue or issues raised
in the civil action, the guilt or innocence of the accused would necessarily be
determined; and (3) jurisdiction to try said question must be lodged in another
tribunal.217 Under the amendment, a prejudicial question is understood in law
as that which must precede the criminal action and which requires a decision
before a final judgment can be rendered in the criminal action with which said
question is closely connected. The civil action must be instituted prior to the
institution of the criminal action.218 This must be harmonized with Article 36
of the Civil Code of the Philippines.
214
Avelino Casupanan vs. Marlo Llavore Laroya, G.R. No. 145391, August 26, 2002
215
People of the Philippines vs. Victoria R. Arambulo, G.R. No. 186597, June 17, 2015
216
Dreamwork Construction, Inc., vs. Cleofe S. Janiola, G.R. No. 184861, June 30, 2009
217
People of the Philippines vs. Victoria R. Arambulo, supra
218
Dionisio L. Torres vs. Hon. Francis F. Garchitorena, G.R. No. 153666, December 27, 2002
In Villalon vs. Chan, the Court affirmed that CA found no such waiver
from or reservation made by the respondent. The fact that the respondent, who
was already based abroad, had secured the services of an attorney in the
Philippines reveals her willingness and interest to participate in the
219
Dreamwork Construction, Inc., vs. Cleofe S. Janiola, supra
220
Ibid.
221
Leonardo A. Villalon vs. Amelia Chan, G.R. No. 196508, September 24, 2014
prosecution of the bigamy case and to recover civil liability from the
petitioners. Thus, the RTC should have allowed, and should not have
disqualified Atty. Atencia from intervening in the bigamy case as the
respondent, being the offended party, is afforded by law the right to participate
through counsel in the prosecution of the offense with respect to the civil
aspect of the case.222
222
Ibid.
223
Mobilia Products Inc. vs. People of the Philippines, G.R. No. 149357, March 4, 2005
224
Jose S. Ramiscal, Jr. vs. Honorable Sandiganbayan, G.R. Nos. 140567, December 13, 2004
225
Mobilia Products Inc. vs. People of the Philippines, supra
The old rule that the acquittal of the accused in a criminal case also
releases him from civil liability is one of the most serious flaws in the
Philippine legal system. It has given rise to numberless instances of
miscarriage of justice, where the acquittal was due to a reasonable doubt in
the mind of the court as to the guilt of the accused. The reasoning followed is
that inasmuch as the civil responsibility is derived from the criminal offense,
when the latter is not proved, civil liability cannot be demanded.227
226
George Manantan vs. The Court of Appeals, G.R. No. 107125, January 29, 2001
227
Roy Padilla vs. Court of Appeals, G.R. No. L-39999, May 31, 1984
228
Ibid.
In Lumantas vs. Calapiz¸ the Court declared that even if the guilt of the
accused has not been satisfactorily established, he is not exempt from civil
liability which may be proved by preponderance of evidence only. 232 This
Court’s pronouncement in Lumantas is based on Article 29 of the Civil
Code:233
229
George Manantan vs. The Court of Appeals, supra.
230
Preponderance of evidence is [defined as] the weight, credit, and value of the aggregate evidence on
either side and is usually considered to be synonymous with the term greater weight of the evidence or
greater weight of the credible evidence. It is evidence which is more convincing to the court as worthy of
belief than that which is offered in opposition thereto. (Emilia Lim vs. Mindanao Wines & Liquor Galleria,
G.R. No. 175851, July 4, 2012)
231
Nissan Gallery-Ortigas vs. Purificacion Felipe, G.R. No. 199067, November 11, 2013
232
Dr. Encarnacion C. Lumantas, M.D. vs. Hanz Calapiz, G.R. No. 163753, January 15, 2014
233
People of the Philippines vs. Gerry Lipata y Ortiza, G.R. No. 200302, April 20, 2016
234
Jeffrey Reso Dayap vs. Pretzy-Lou Sendiong, G.R. No. 177960, January 29, 2009