Civil

Liability
A person who is criminally liable
is also civilly liable.
This principle is based on the dual
character of a crime. A crime is:
1) an offense against the State because it
disturbs the social order and
2) it injures a private individual unless there
is no private injury that is inflicted or the
nature of the crime does not involve
injury to private individuals.
Acquittal
Acquittal in the criminal case
does not carry with it extinction
of the civil liability.
Exception: When there is a
finding in the final judgment
that the act or omission from
which the civil liability may arise
does not exist.
Civil liability arises from causing
damage.
Simply stated, civil liability arises when one, by reason
of his own act or omission, done intentionally or
negligently, causes damage to another. Hence, for
petitioner to be civilly liable to spouses Alonto, it must
be proven that the acts he committed had caused
damage to the spouses.
Abellana vs Pp, GR No. 174654, August 17, 2011
Instances when the extinction of the criminal
liability does not extinguish civil liability.
Reasonable Doubt. When the acquittal
is based that proof beyond reasonable
doubt has not been presented.
Non-imputability. In cases of insanity,
imbecility or minority.
In actions for negligence. Civil liability
may be based on quasi-delict.
Only civil liability.
Independent civil actions. Articles 31,
32, 33 and 34 of NCC.
Under the Rules of Court; Criminal
Procedure.
When a criminal action is instituted,
the civil action for recovery of civil
liability arising from the offense
charged shall be deemed instituted
with the criminal action unless:
Offended party waives the civil action;
Offended party reserves the right to
institute it separately;
Offended party institutes the civil action
prior to the criminal action.
Separate civil action.
The filing of a criminal action is not
necessary to the filing of and
prosecution of a civil action, thus the
term “separate civil action”.
However, once a criminal action has
been filed, there are two scenarios
that may arise.
Interest of the State paramount.
1) If the criminal action is filed
ahead – civil action cannot be
instituted.
2) If the civil action is filed ahead
– civil action is suspended
upon the filing of the criminal
action.
Applicability of the rules.
Identity of parties and subject matter.
The claimant in the civil action is the offended party in
the criminal action and both cases arise from the same
offense or transaction.
Both the offended party and the
accused.
Either the private complainant or
the accused can file
a separate civil action under these
articles. There is nothing in the law
or rules that state only the private
complainant in a criminal case may
invoke these articles.
Standard Insurance Co., Inc. v.
Cuaresma, G.R. No. 200055,
September 10, 2014.
Separate civil action.
If the offended party has reserved
the right to file a separate civil
action, he loses the right to
intervene in the prosecution of the
criminal case.
If the offended party is represented
by a private prosecutor in the
criminal case and the court did not
award any civil liability, he cannot
file an independent civil action for
said civil liability.
Prejudicial question
Generally, a criminal case should be decided first
before the civil action arising from the crime. An
exception to the rule is a prejudicial question.
A prejudicial question is a civil case that must be
decided first before the criminal action. It requires
1) a previously instituted civil action whose issues are similar or
intimately related to the issues raised in a subsequent
criminal action, and
2) the resolution of such issue determines whether the criminal
action may proceed or not. (Sec. 6, Rule 111 RRC)
B.P. Blg. 22 and Insolvency.
…even if the trial court in the civil
case declares petitioner insolvent,
which it did on October 28, 2004,
this would not affect the
prosecution of petitioner in the
criminal cases…
Angtud v. People, G.R. No. 235350
(Notice), [April 16, 2018.
Prejudicial question
A civil action where the genuineness of a document is
put in issue is prejudicial to the criminal case for
falsification of the same document.
A petition for the annulment of a subsequent marriage
on grounds of duress is a prejudicial question to a
criminal case for bigamy.
Damages that arise from death
due to crime.
As to damages, when death occurs due to a crime, the
following may be awarded:
1) Civil indemnity ex delicto for the death of the victim;
2) Actual or compensatory damages;
3) Moral damages;
4) Exemplary damages; and
5) Temperate damages.
People v. Jadap, G.R. No. 177983, March 30, 2010.
Without need of further proof.
Civil indemnity is mandatory and
granted to the heirs of the victim
without need of proof other than the
commission of the crime.
In cases of murder and homicide,
moral damages may be awarded
without need of allegation… other
than the death of the victim… (Jadap)
Exemplary damages.
Article 2230 of the Civil Code
states that exemplary
damages may be imposed
when the crime was
committed with one or more
aggravating circumstances, as
in this case. (Jadap)
Highly reprehensible conduct.
Being corrective in nature,
exemplary damages, therefore,
can be awarded, not only in the
presence of an aggravating
circumstance, but also where the
circumstances of the case show
the highly reprehensible or
outrageous conduct of the
offender.
Pp vs Rante, GR No. 184808, Mar.
29, 2010
Amounts modified and
increased.
Article 2206 of the Civil Code provides
that the minimum amount for awards
of civil indemnity is P3,000.00, but
does not provide for a ceiling. Thus,
although the minimum amount
cannot be changed, increasing the
amount awarded as civil indemnity
can be validly modified and increased
when the present circumstance
warrants it.
People v. Jugueta, G.R. No. 202124, April
5, 2016.
Murder and Frustrated Murder.
Murder
Civil indemnity of P75,000.00;
Moral damages of P75,000.00;
Exemplary damages of P75,000.00; and
Temperate damages of P50,000.00;
Frustrated Murder
Civil indemnity of P50,000.00;
Moral damages of P50,000.00;
Exemplary damages of P50,000.00; and
Temperate damages of P25,000.00.
People v. Oandasan, Jr., G.R. No. 194605, June 14, 2016.
Statutory Rape and Sexual
Assault.
Statutory Rape.
P75,000.00 as civil indemnity,
P75,000.00 as moral damages, and
P75,000.00 as exemplary damages.
Statutory rape by sexual assault,
P30,000.00 as civil indemnity,
P30,000.00 as moral damages, and
P30,000.00 as exemplary damages.
People v. Manuel, G.R. No. 239897 (Notice), March 11, 2019.
12 Counts of Rape with
Homicide.
P100,000.00 as civil indemnity,
P100,000.00 as moral damages, and
P100,000.00 as exemplary damages
People v. Yabut, G.R. No. 234610 (Notice), January 14, 2019.
Loss of earning capacity
The award of P135,331.00 for the
loss of earning capacity was also in
order. The prosecution satisfactorily
proved that the victim was earning
an annual income of P14,000.00
from the harvest of pineapples.
Besides, the defense no longer
impugned this award of the trial
court.
Seguritan vs Pp, GR No. 172896, April
19, 2010
Actual damages; receipts.
It is error for the trial court and
the appellate court to award
actual damages of P30,000.00
for the expenses incurred for the
death of the victim. We perused
the records and did not find
evidence to support the plea for
actual damages.
(Seguritan)
Temperate damages.
Actual damages less than P50,000.00 award of
temperate damages;
If actual damages is more than P50,000.00, temperate
damages may not be awarded;
Rationale: anomalous and unfair for those who prove
actual damages, to receive an amount which is less
than that given as temperate damages to those who
are not able to present any evidence at all.
Bohol y Gutay v. People, G.R. No. 241415 (Notice), January 10,
2019.
Moral damages
Moral damages was correctly
awarded to the heirs of the
victim without need of proof
other than the fact that a crime
was committed resulting in the
death of the victim and that the
accused was responsible
therefor. (Seguritan)
Art. 101. The following shall be
civilly liable.
Insanity, imbecility and minority – the person
having legal authority or control.
Avoidance of greater evil or injury – the
person for whose benefit the harm has been
prevented
Compulsion of an irresistible force or under
the impulse of an uncontrollable fear – those
using violence or causing fear shall be civilly
liable.
Art. 102. Subsidiary civil
liability.
Innkeepers, tavernkeepers, any
other person where a crime is
committed in their establishment.
A violation of municipal ordinance or
a general or special police action is
committed by them or their
employees.
Art. 102, par. 2
Innkeeper is also subsidiarily liable:
Guest notifies innkeeper of deposit of goods;
Guest follows directions of innkeeper;
Goods are lost by robbery (force upon things) or theft.
Innkeeper is not liable if goods are lost by robbery with
violence or intimidation of persons, except:
Such robbery is committed by innkeeper’s employees.
Art. 103. Subsidiary civil liability of
other persons.
1. Employers,
2. Teachers,
3. Persons or corporations engaged in any kind of industry

Felony committed by servants, pupils, workmen,

apprentices, or employees while in the discharge of
duties.
Must be involved in any kind of industry.
The felon is insolvent.
Decision convicting the
employee
Binding on the employer. The
decision need not expressly state the
liability of the employer.
The decision regarding the civil
liability is binding on the employer
not only with the fact of the liability
but also with respect to the amount.
Employer’s liability.
Hence, the subsidiary civil liability of the employer
under Article 103 of the Revised Penal Code may be
enforced by execution on the basis of the judgment of
conviction meted out to the employee.
Philippine Rabbit Bus Lines, Inc. v. People, G.R. No. 147703,
April 14, 2004.
What must be proved.
1. Employer of the convicted employee.
2. Engaged in industry.
3. Crime committed in the discharge of duty.
4. Execution is unsatisfied; employee is insolvent.

Need not be in a separate civil action; hearing in the

criminal action with notice to the employer.
Art. 104. What is included in civil
liability.
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.

Restitution – return of the thing stolen in cases of theft.

Reparation – in theft if the thing stolen cannot be
returned, its value. In physical injuries, the expenses for
the treatment of the injuries.
Indemnification – loss of earning capacity.
Art. 105. Restitution.
Restitution refers to the
very same thing
I ULI ANG
KISS!!! taken/stolen.
To give something
similar in kind, amount,
species or quality is not
restitution.
Restitution
Generally, the owner of a thing
illegally taken may recover it
even from a third person who has
acquired it by lawful means.
When the third person acquires
the item in good faith at a public
sale, the owner cannot obtain its
return without reimbursing the
price paid therefore.
Art. 106. Reparation.
Reparation will be ordered by the
court if restitution is not possible.
Reparation includes any damage
caused by the felonious act.
It includes the item’s special
sentimental value to the injured
party.
Art. 107. Indemnification
Indemnification – crimes against
persons.
Reparation – crimes against
property.

Examples of indemnification
expenses for hospitalization in physical
injuries
suffering of surviving family members
loss of earning capacity
Loss of earning capacity
Both the RTC and the Court of Appeals failed to
consider that under Article 2206 of the Civil Code, the
accused are also jointly and severally liable for the loss
of the earning capacity of Biag and such indemnity
should be paid to his heirs.
(Pp vs Lagat, GR No. 187044, September 14, 2011)
Loss of earning capacity; actual
damages
Documentary evidence should be presented to
substantiate the claim for
damages of loss of earning capacity. … exception
1) the deceased is self-employed earning less than
minimum wage; or
2) the deceased is employed as a daily wage worker
earning less than the minimum wage under current
labor laws.
Mejica v. Yanoc, G.R. No. 224960 (Notice), June 19, 2019.
Absence of documentary
evidence.
This testimony was not objected to
by appellant or questioned during
cross-examination or on appeal.
Clearly, the existence of factual
basis of the award has been
satisfactorily established.
People v. Wahiman y Rayos, G.R. No.
200942 (Resolution), June 16, 2015.
Factors to be considered
The amount of damages recoverable for the loss of
earning capacity of the deceased is based on two
factors:
1) the number of years on the basis of which the damages shall
be computed; and
2) the rate at which the losses sustained by the heirs of the
deceased should be fixed. (Lagat)
Formula; award for lost
earnings.
…the formula [2/3 x 80 - age] x [gross annual income -
necessary expenses equivalent to 50% of the gross
annual income.
People v. Wahiman y Rayos, G.R. No. 200942 (Resolution),
[June 16, 2015
Art. 110. Liability of principals,
accomplices and accessories.
Those within a particular class (principal, accomplice,
accessory) shall be liable solidarily.
They are subsidiarily liable for those in another class.
Art. 112. Extinction of civil liability.
Same causes for the extinguishment of civil obligations.
- payment or performance;
- loss of the thing due;
- condonation or remission;
- confusion or merger;
- compensation;
- novation.
-THE END-