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Articles 100-113 Quickie

The document discusses civil liability arising from criminal acts under Philippine law. It covers topics such as: who is civilly liable for crimes committed by insane, minor, or persons under duress; what civil liability includes (restitution, reparation of damages, indemnification); how liability is shared among multiple offenders; how civil liability is extinguished or survives other outcomes like acquittal, dismissal, or the offender's death. Civil liability seeks to compensate victims and holds criminals responsible for harm caused, even if they avoid criminal punishment or penalty.

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Eloise Coleen Sulla Perez
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52 views2 pages

Articles 100-113 Quickie

The document discusses civil liability arising from criminal acts under Philippine law. It covers topics such as: who is civilly liable for crimes committed by insane, minor, or persons under duress; what civil liability includes (restitution, reparation of damages, indemnification); how liability is shared among multiple offenders; how civil liability is extinguished or survives other outcomes like acquittal, dismissal, or the offender's death. Civil liability seeks to compensate victims and holds criminals responsible for harm caused, even if they avoid criminal punishment or penalty.

Uploaded by

Eloise Coleen Sulla Perez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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TITLE V

CHAPTER ONE
CIVIL LIABILITY

Art. 100. Civil liability of a person guilty of felony. Every person criminally liable for a felony is also civilly liable.
Exceptions –
1. Victimless crimes
2. Flight to enemy country

Effect of acquittal –
1. The acquittal is based on reasonable doubt as only as only preponderance of evidence is required
2. The court declares that the liability of the accused is only civil
3. The civil liability of the accused
a. does not arise from or
b. is not based upon the crime of which the accused is acquitted
4. The extinction of the penal action does not carry with it the extinction of the civil liability

Effect of dismissal of case –


This does not affect the right of the offended party to institute or continue the civil action already instituted

Effect of death of the offender –


If the offender dies prior to the institution of the action or prior to the finality of judgment, civil liability ex
delicto is extinguished

Art. 101. Rules regarding civil liability.


Acts of insane or minor exempt from criminal liability –
The person civilly liable is the person having legal capacity or control over them, unless it appears that
there was no fault or negligence on his or her part

If there is not fault or negligence, or even at fault but insolvent, the insane, imbecile, or minor shall respond
with their own property not exempt from execution

Acts of minors over 15 years of age who act with discernment –


The persons civilly liable are:
a. Father
b. Mother, in case of father’s death or incapacity
c. Guardian, in case of mother’s death or incapacity

Acts committed by persons acting under irresistible force or uncontrollable fear –


The person civilly liable is the person/s using violence or causing the fear
If there be no such persons, those doing the acts shall be liable secondarily

CHAPTER TWO
WHAT CIVIL LIABILITY INCLUDES

Art. 104. What is included in civil liability.


1. Restitution (Art. 105)
The exact thing unlawfully taken must be restored even if found in the possession of the third person who
acquired it through lawful means

This generally refers to crimes against property

2. Reparation of the damage caused (Art. 106)


The court shall determine the amount of damage, taking into consideration the price of the thing, whenever
possible, and its sentimental value

If restitution is not possible

This generally refers to crimes against property


3. Indemnification for consequential damages (Art. 108)
Not only damages suffered by injured party but also those suffered by his family or third persons by reason
of the crime

This generally refers to crimes against persons


CIVIL LIABILITY PECUNIARY LIABILITY
Reparation of damages caused
Indemnification for consequential damages
Includes restitution No restitution as in pecuniary liability, liability is
paid out of property of offender.

In restitution, property unlawfully taken is


returned
Does not include fines or costs of the proceedings Includes fines and costs of the proceedings

Art. 108. Obligation to make restoration, reparation for damages, or indemnification for consequential
damages and action to demand the same – upon whom it devolves. The obligation devolves upon the heirs of
the person liable.

Art. 109. Share of each person civilly liable. If there are two or more persons civilly liable for a felony, the
courts shall determine the amount for which each must respond.

Art. 110. Several and subsidiary liability of principals, accomplices, and accessories of felony –preference in
payment. The principals, accomplices, and accessories, each within their respective class, shall be liable
severally (in solidum) among themselves for their quotas, and subsidiarily for those of the other persons
liable.

The subsidiary liability shall be enforced


1. Against the property of the principals
2. Against that of the accomplices
3. Against that of the accessories

CHAPTER THREE
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Art. 112. Extinction of civil liability. Civil liability shall be extinguished in the same manner as other
obligation in accordance with the provisions of the Civil Law

1. Payment or performance
2. Condonation or remission of the debt
3. Confusion or merger of the rights of the creditor and debtor
4. Compensation
5. Novation
6. Other cause of extinguishment (annulment, rescission, fulfillment of a resolutory condition, and
prescription)

Civil liability in criminal cases is not extinguished by the loss of the thing due because reparation will be
ordered by the court

Art. 113. Obligation to satisfy civil liability. The offender shall continue to be obliged to satisfy the civil
liability, notwithstanding the fact that

1. He has served his sentence consisting of deprivation of liberty or other rights, or


2. He has not been required to serve the same by reason of:
a. Amnesty
b. Pardon
c. Commutation of sentence, or
d. Any other reason (Probation, marriage, prescription of crime or penalty, conditional pardon, or
allowance for good conduct or loyalty)

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