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Criminal Law Art. 100 113 1
Criminal Law Art. 100 113 1
CHAPTER ONE
PERSONS CIVILLY LIABLE FOR FELONIES
MORAL DAMAGES
- Physical injuries
- Crimes of Seduction, Abduction, Rape or Lascivious Acts
- Adultery,/ Concubinage
- Illegal Arrest, Illegal Search
- Libel, Slander, Defamation
- Malicious Prosecution
EXEMPLARY DAMAGES
1. ARTICLE 32
- Any public officer/employee/private individual who
directly or indirectly obstructs, defeats, violate any of
the rights and liberties of another shall be liable for
damages. (mostly were freedom and rights provided by the
bill of rights)
2. ARTICLE 33
- In cases of Defamation, Fraud, and Physical Injuries.
3. ARTICLE 34
- In cases against member of a city or municipal police
force for refusing or failing to render aid or protection
to any person in case of danger to life or property.
4. ARTICLE 2176
- In an action for damages arising from FAULT or
NEGLIGENCE, there being no pre-existing contractual
relation between the parties. (Quasi-Delict)
When the accused pleaded guilty during the arraignment, so that the
offended party could not have expressly renounced his right to file
the civil action or reserved the same, can the latter subsequently
file a civil action for indemnity for physical and moral damages
caused by the accused?
PREJUDICIAL QUESTION
- Based on a fact distinct and separate from the crime but
so intimately connected with it that it determined the
guilt or innocence of the accused.
Defendants asked for the suspension of the civil action until the
criminal case be finally disposed of.
CHAPTER TWO
WHAT CIVIL LIABILITY INCLUDES
THEFT OR ROBBERY
- When property is recovered – only REPARATION.
When property taken away is NOT RECOVERED, the court must order the
accused to RESTORE it to its owner or, an an alternative, to PAY its
just value.
(because it refers to
liabilities to be PAID OUT of the
property of the offender)
*** The civil liability of the appelant is not governed by the Civil
Code, but by Articles 100-111 of the Penal Code**
** The sentence should be for the return of THE VERY THING TAKEN
(Restitution) or if it cannot be done, for the PAYMENT OF ITS VALUE
(Reparation)**
Is Art. 105 properly applied to the forfeiture of the house built with
the money malversed by a public officer?
Under the Civil Code, the person who has lost any personal property or
has been unlawfully deprived thereof cannot obtain its return without
reimbursing the price paid therefor, only when the possessor thereof
acquired it in good faith at a public sale.
A -> convicted of Estafa for having pawned the jewels which was
sold to him by B.
The pawnshop owner may seek his remedy from the person who pawned the
jewels.
When the third person acquired the thing “in the manner and under the
requirements which, by law, bar an action for its recovery”
Restitution shall not be ordered when the thing has been acquired by a
third person in the manner and under the circumstances which by law,
bar an action for its recovery.
(It is not the price that constitute a crime but the act of
misappropriating the proceeds of the sale)
A person who is not a party in the case cannot recover in the
criminal action any indemnity from the accused.
When the liability to return a thing arises from contract, not from a
criminal act, the court cannot order its return in the criminal case.
ART. 106. Reparation – How made. – The court shall determine the
amount of damage, taking into consideration the price of the thing,
whenever possible, and its special sentimental value to the injured
party, and reparation shall be made accordingly.
Civil damages are limited to those caused by and flowing from the
commission of the crime.
Payment by the insurance company does not relieve the offender of his
obligation to repair the damage caused.
PHYSICAL INJURIES
- Injured : entitled to be paid for whatever he spent for
treatment.
: Unearned salary
: damages sustained by him because of loss of a
limb or the lessening of his earning capacity.
Civil liability is possible only when the offender dies after the
final judgment.
If the death of the offender took place before any final judgment
of conviction, the action for restitution, reparation, or
indemnification must be dismissed.
PRINCIPAL -> Primarily Liable for his own part of the indemnity.
SEVERAL ACCOMPLICES -> Jointly and Severally Liable for the
portion adjudged against them and Subsidiarily liable for the portion
of their principal in case of the latter’s insolvency.
“Participated gratuitously”
He should not have paid for the stolen property which he received
from the offender.
Amnesty wipes all traces of crimes BUT IT DOES NOT EXTINGUISH THE
CIVIL LIABILITY OF THE OFFENDER.