Civil Liability Arising from Criminal Liability.pptx

CIVIL LIABILITY ARISING FROM CRIMINAL LIABILITYHIPOLITO, GRACE

VELASCO, ZOE

CIVIL LIABILITY

Art. 100: Civil Liability of a person guilty of felony-

Every person criminally liable for a felony is also civilly liable

RATIONALE

Social Injury

Personal Injury

CIVIL LIABILITY ARISING FROM OFFENSESCivil liability in the NCC: Civil liability in the RPC:

(Art. 104)

NCC 20: Every person, who contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same

Restitution

NCC 1161: Civil obligations arising from criminal offenses shall be governed by the penal laws

Reparation of the damage caused

NCC 2176: The civil liability arising from negligence under the RPC is entirely separate and distinct from the responsibility for fault or negligence called a quasi-delict (fault or offense arising if there was no pre-existing contractual relation between the parties) NCC 2177: But the party claiming payment for the damage done cannot recover twice for the same act or omission of the defendant

Indemnification for consequential damages

HOW TO ASSESS DAMAGES THAT MAY BE RECOVERED IN CRIMINAL CASES 1/2

Crimes against property • (if the thing itself cannot be

restored):

Price of the thing

Special sentimental value

HOW TO ASSESS DAMAGES THAT MAY BE RECOVERED IN CRIMINAL CASES 2/2

Crimes against persons

Payment for

treatment

Unearned salary or wages

• NCC 2219

KINDS OF DAMAGES: MORAL DAMAGES (NCC 2219)

physical injuries

crimes of seduction

abduction

rape/ other lascivious acts

adultery/ concubinage

illegal or arbitrary detention/ arrest

illegal search

libel, slander or any form of defamation

malicious prosecution

EXEMPLARY DAMAGES (NCC 2230)

imposed when the crime was committed with one or more aggravating circumstances

DAMAGES FOR DEATH CAUSED BY A CRIME 3/3

3. NCC 2206: Moral damages to: spouse, legitimate and illegitimate descendants and ascendants (because of mental anguish)

At least P3,000, even with mitigating circumstances


P 75,000 (People vs. Lucero, Dec. 26, 2010)

Other resulting liabilities of the offender:

1. Loss of earning capacity of the deceased-> unless the deceased had no earning capacity to begin with


2. NCC: 291-> Support (if the deceased was obliged to give support to: Spouses

Legitimate ascendants or descendants

Parents and acknowledged natural children and the legitimate or illegitimate descendants of the latter

Parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter

Parents and illegitimate children who are not natural

NO DAMAGE CAUSED BY THE COMMISSION OF THE CRIME= NO CIVIL LIABILITY

Example:

A slapped the face of the mayor who was then in the performance of his duty-> direct assault under RPC 148-> action did not cause injury-> thus, A is not civilly liable

A PERSON CRIMINALLY LIABLE FOR A FELONY IS ALSO CIVILLY LIABLE

Governed by penal laws and NCC laws (regulating damages): Arts, 29-35, 2176, 2177, and 2202, 2204, 2206, 2216, 2230, 2233, and 2234 and Rule 111, Revised Rules of Criminal Procedure

ACQUITTAL IN A CRIMINAL CASE

RPC is silent. Revised Rules of Criminal Procedure: Acquittal in a criminal case does not equate to

extinction of civil liability Civil action based on delict-> extinguished if upon

final judgement in the criminal action-> act or omission from which the civil liability may arise did not exist

CASES WHERE CIVIL LIABILITY EXISTS EVEN WITH THE A NEGATIVE JUDGEMENT IN CRIMINAL LIABILITY

Acquittal on reasonable doubt

Acquittal from a case of nonimputability

Acquittal in the criminal action for negligence

When there is only civil responsibility

In cases of independent civil action

EXCEPTION TO THE RULE THAT EXTINCTION OF THE CRIMINAL ACTION DOES NOT EXTINGUISH CIVIL ACTION

Civil action is not allowed after the termination of the criminal proceedings when the offended part has no right thereto

PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE)

1. Institution of criminal and civil actions (Sec. 2 (a)) Scenario: criminal action is instituted-> civil action for recovery of

civil liability is deemed instituted at the same timeUNLESS offended party:

waives the civil action

reserves the right to institute it separately

institutes the civil action prior to the criminal action


II. When civil action may proceed independently (shall only require a preponderance of evidence):

NCC 32: when a public officer or employee impedes or impairs specific rights and liberties of another person (ex. Freedom of religion, speech, press, suffrage, etc)

NCC 33: cases of defamation, fraud, and physical injuries-> NCC 34: case when a member of a police force refuses or fails to render aid or

protection to any person in case of danger to life or property NCC 2176: quasi-delicts-> fault or negligence arising from absence of pre-existing

contractual relations between the parties


III. When separate civil action is suspended (SEC. 2, Rule 111 Revised Rules of Criminal Procedure)

After commencement of criminal action (not filing): civil action cannot arise until final judgement

Civil action has already commenced when subsequent criminal action was filed: civil action is suspended

suspension shall last until final judgement on the criminal action offended party has the option to consolidate both actions to be tried and decided

jointly


IV. Judgement in civil action not a bar When defendant is absolved from civil liability, criminal action may

still proceed for the same act of omission that was the subject of the civil action


V. Suspension by reason of prejudicial questionPrejudicial question: one which arises in a case, the resolution of which is a logical antecedent of the issue involved in said case and the cognizance of which pertains to another tribunal

Ex. A case for annulment of marriage is a prejudicial question to a bigamy case if it’s proved that the accused consent to such marriage was obtained by means of violence or intimidation thus, establishing that his act in a subsequent marriage was an involuntary one and the same cannot be the basis for conviction.


VI. Attachment in criminal casesAccused is about to abscond from the PhilippinesWhen the criminal action is based on a claim for money or property

embezzled or fraudulently misapplied or converted to the use of the accused who is in a fiduciary capacity, or for a willful violation of duty

When the accused has concealed, removed, or disposed of his personal property, or is about to do so

When the accused resides outside the Philippines

REMEDY OF OFFENDED PARTY WHERE FISCAL ASKS FOR DISMISSAL

Ex. Criminal action is dismissed by the court on motion of the fiscal upon the ground of insufficiency of evidence

offended party has NO RIGHT to appeal

Remedy: separate civil action

RIGHT TO APPEAL AS TO CIVIL LIABILITY

Convicted criminally but without judgement of civil liability: private prosecutor has the right to appeal for purposes of the civil liability of the accused-> appellate court may remand the case to the TC to include the judgement

Offended party has the right to be heard during the appeal

CIVIL LIABILITY MAY BE ADDED WITHIN THE 15- DAY PERIOD, EVEN IF THE CONVICT HAS STARTED SERVING SENTENCE

Notwithstanding that the judgement became final because the accused had commenced the service of his sentence

After the 15-day period: no amendments can be made

ART. 101: RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES

Civil liability of persons exempt from criminal liabilityGen rule: Exemption from criminal liability does not include exemption from civil liability

Exceptions// No civil liability in: Par. 4, Art. 12: injury caused by mere accident.

Par. 7, Art. 12: failure to perform an act required by law when prevented by some lawful or insuperable cause


Persons civilly liable for acts of insane or minor exempt from criminal liability (Par. 1-3, Art.12) Persons having legal capacity or control over them, if the latter are at

fault or negligent, they are PRIMARILY LIABLE

Insane, imbecile, or such minor become liable with their own property when:

1. No one is at fault or negligent

2. Someone is at fault or negligent but insolvent

3. There is no person having such authority or control


Persons civilly liable for acts committed by youthful offenders:(Art. 201 of the Youth and Welfare Code)1. Offender’s father

2. Mother, in case of the father’s death or incapacity

3. Guardian, in case of mother’s death or incapacity


Persons civilly liable for acts committed by persons acting under irresistible force or uncontrollable fear:1. The persons using violence or causing the fear are PRIMARILY

LIABLE

2. If there be no such persons, those doing the act shall be liable SECONDARILY


Civil liability of persons acting under justifying circumstances: Gen. rule: No civil liability in justifying circumstances

Except: par. 4 of Art, 11: where a person does not act, causing damage to another, in order to avoid evil or injury

ART. 102: SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS, TAVERNKEEPERS, AND PROPRIETORS OF ESTABLISHMENTS

Elements under Par. 1 Elements under Par. 2

1. That the innkeeper, tavernkeeper or proprietor of the establishment or his employee committed a violation of a municipal ordinance or some general police regulation.

1. That the guests notified in advance the innkeeper or the person representing him of the deposit of their goods within the inn or house.

2. That the crime is committed in such inn, tavern or establishment.

2. The guests followed the directions of the innkeeper or his representative with respect to the case of and vigilance over such goods.

3. That the person criminally liable is insolvent.

3. Such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within the inn or house.

ART. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS:

The subsidiary liability established in the next preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties.


Elements:1. The employer, teacher, person or corporation is engaged in

any kind of industry.

2. Any of their servants, pupils, workmen, apprentices or employees commits a felony while in the discharge of his duties.

3. The said employee is insolvent and has not satisfied his civil liability


Definition of Industry:

Refers to a form of productive work, especially of manufacture, or a particular class of productive work itself, a trade or manufacture.


Exceptions:1. A hospital doing charitable service is not engaged in an industry;

hence, not subsidiarily liable for acts of nurses.

2. The employment of diligence to be expected of a good father of a family in the selection and supervision of his employees WILL NOT EXEMPT the parties subsidiarily liable for damages.

3. Private persons without business or industry, not subsidiarily liable


Take Note:1. Employer has the right to take part in the defense of his employee

2. Employer is subsidiarily liable for the full amount against his employee.

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Art. 112. Extinction of civil liability. — Civil liability established in Articles 100, 101, 102, and 103 of this Code shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law.

http://www.chanrobles.com/civilcodeofthephilippines.htm


Civil liability may arise from:1. Crime

2. Breach of contract (culpa contractual), or

3. Tortious act (culpa aquiliana)


Civil liability is extinguished by:1. By payment or performance

2. By the loss of thing due

3. By the condonation or remission of the debt

4. By the confusion or merger of the rights of the creditor and debtor

5. By compensation

6. By novation


Other causes as provided for in Art. 1231 of the Civil Code:1. Annulment

2. Rescission

3. Fulfilment of a resolutory condition

4. Prescription


Offender is civilly liable even if the property stolen is lost by reason of force majeure:1. For the return of the property

2. For the payment of its value if it cannot be returned, and this is whether the property is lost or destroyed by the act of the malefactor or that any other person, or as a result of any other cause or causes.


Art. 113. Obligation to satisfy civil liability. — Except in case of extinction of his civil liability as provided in the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason


Effects of amnesty, pardon, commutation or probation:1. Amnesty: wipes out all traces and vestiges of the crime but

DOES NOT EXTINGUISH the civil liability of the offender.

2. Pardon: in no case will exempt the culprit from the payment of civil indemnity imposed on him by the sentence

3. Probation: still pay

ART. 72: PREFERENCE IN THE PAYMENT OF CIVIL LIABILITIES:

The person guilty of two or more offenses has two or more civil liabilities-> offender is required to pay the corresponding civil liabilities resulting from the different offenses

The order of payment of civil liabilities is based on dates of final judgements-> not based on the date of the commission of the offense, following the chronological order of the dates of the final judgements-> differs from criminal liability which is satisfied by successive service of sentences (Art. 70)

CASE: PEOPLE VS. PANADO

Danilo del Rosario was thirty-seven (37) years old at the time of his death. His average income as fishpond caretaker was P3,000.00 a month. Hence, in accordance with the American Expectancy Table, the loss of earning capacity must be computed as follows: 2/3 multiplied by (80 minus age of the deceased).Since Danilo was 37 years of age at the time of his death, then his life expectancy was 28.66 years.


Net Earning = Life x Gross - Reasonable &Capacity (x) Expectancy Annual Necessary Income Living Expenses

(x) = 2(80-37) x (P36,000 - P18,000) 3

(x) = 28.66 x P18,000


(x) = P 514,800.00

CIVIL LIABILITY ARISING FROM CRIMINAL LIABILITYHIPOLITO, GRACE

VELASCO, ZOE

Civil Liability Arising from Criminal Liability.pptx

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