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    Chapter 9 CPCLJ1

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    Pj P Berdera
    1) Criminal acts can result in both social and personal injury, with the perpetrator being civilly liable. 2) Under Philippine law, anyone criminally liable for a felony is also civilly liable, with civil liability arising from the commission of the felony. 3) Civil liability includes restitution of stolen property with allowance for deterioration, reparation for damages, and indemnification for consequential damages to injured parties and their families.

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    Chapter 9 CPCLJ1

    Uploaded by

    Pj P Berdera
    10 views1 page
    1) Criminal acts can result in both social and personal injury, with the perpetrator being civilly liable. 2) Under Philippine law, anyone criminally liable for a felony is also civilly liable, with civil liability arising from the commission of the felony. 3) Civil liability includes restitution of stolen property with allowance for deterioration, reparation for damages, and indemnification for consequential damages to injured parties and their families.

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    1) Criminal acts can result in both social and personal injury, with the perpetrator being civilly liable. 2) Under Philippine law, anyone criminally liable for a felony is also civilly liable, with civil liability arising from the commission of the felony. 3) Civil liability includes restitution of stolen property with allowance for deterioration, reparation for damages, and indemnification for consequential damages to injured parties and their families.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    10 views1 page

    Chapter 9 CPCLJ1

    Uploaded by

    Pj P Berdera
    1) Criminal acts can result in both social and personal injury, with the perpetrator being civilly liable. 2) Under Philippine law, anyone criminally liable for a felony is also civilly liable, with civil liability arising from the commission of the felony. 3) Civil liability includes restitution of stolen property with allowance for deterioration, reparation for damages, and indemnification for consequential damages to injured parties and their families.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    John Philip P.

    Berdera A40/CPCLJL1

    Criminal Law
    LAW Book 1

    CIVIL LIABILITY

    Ready to learn

    John Philip P. Berdera A40/CPCLJL1

    Two classes of
    injuries

    1
    Social injury
    (produced by the disturbance and alarm
    which are the outcome of the offense),

    Personal injury

    2 (caused to the victim of the crime).

    Person Civilly
    Liable for Felonies

    Every person criminally


    liable for a felony is also
    civilly liable (Art. 100, RPC).
    The civil liability arises
    from the commission of
    the felony (Civil Liability ex
    delicto).
    John Philip P. Berdera A40/CPCLJL1

    What Civil Liability includes

    Restitution; How made.


    01 The restitution of the thing itself must be made wherever possible, with
    allowance for any deterioration, or diminution of value as determined by
    the court (Art. 105).

    Reparation; How made


    02 The court shall determine the amount of damage, taking into
    consideration the price of the thing, whenever possible, and its special
    sentimental value t the injured party, and reparation shall be made
    accordingly (Art. 106).

    Indemnification; What is included.


    03 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 (Art. 107).

    John Philip P. Berdera A40/CPCLJL1


    Subsidiary Liability
    Under the RPC, the following are subsidiarily liable for
    others:

    Persons causing damages under the compulsion of


    an irresistible force or the impulse of uncontrollable
    fear used or created by the person primarily liable
    (Third Rule, Art. 101);

    Innkeepers, tavern keepers and proprietors of


    establishment (Art. 102);

    ) Employees, teachers, persons and corporations


    engaged in industry (Art. 103); and

    Principals, accomplices and accessories for the


    unpaid civil liability of their co-accused in the other
    classes (Art. 110). Important note

    Exemption from criminal liability does not include exemption from civil liability. But there is no civil liability under
    paragraphs 4 (Accident) and 7 (Prevented Insuperable cause) of Article 12 of the RPC.
    There is no civil liability in justifying circumstances, except under paragraph 4 (Avoidance of greater evil or injury) of Article
    11. But the one civilly liable is the one benefited by the act which causes damage to another.
    Amnesty, pardon and commutation of sentence do not extinguish civil liability ex delicto (Art. 113, RPC). A grant of
    probation to the offender does not extinguish his civil liability ex delicto.

    John Philip P. Berdera A40/CPCLJL1

    Subsidiary Civil
    Liability of
    Employers

    The statutory basis for an employer’s


    subsidiary liability is found in Article 103 of the
    Revised Penal Code. This liability is enforceable
    in the same criminal proceeding where the
    award is made. there is no need for bringing a
    separate civil action.

    John Philip P. Berdera A40/CPCLJL1

    Extinction of Civil Liability


    Civil liability established in Articles 100, 101, 102, and 103 of the Revised
    Penal Code shall be extinguished in the same manner as obligations, in
    accordance with the provisions of the Civil Law (Art. 112, RPC).
    Under the New Civil Code, civil liability is extinguished by:

    1 2 3
     Loss of the Condonation
    Payment or
    thing due or remission
    performance
    of debt

    4 5 6
    Confusion or Compensation Novation
    merger

    John Philip P. Berdera A40/CPCLJL1

    IMPORTANT
    NOTE

    While all modes of extinguishment of obligations are


    supposed to apply to civil liability ex delicto, one mode is
    not included: The loss of the thing due. Thus, even if the
    thing was lost through caso fortuito (fortuitous event),
    the felon is still liable for indemnification and/or
    reparation.

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