OBLIGATIONS AND CONTRACTS o Indemnification for

CHAPTER 1 – GENERAL PROVISIONS consequential damages

ARTICLE 1161 EXAMPLE CASE: X stole the car of Y.

Civil obligations arising from criminal - If X is convicted, court will order the
offenses shall be governed by the penal laws, following:
subject to the provisions of Article 2177, and o Return the car or pay its value
of the pertinent provisions of Chapter 2, if it was lost or destroyed.
Preliminary Title on Human Relations, and of o Pay for any damage caused to
Title XVIII of this Book, regulating damages. the car.
o Pay other damages suffered
CIVIL LIABILITY FROM CRIMES OR DELICTS by Y.
- Two-pronged effect:
a. Public – breaches the social order.
b. Private victim – causes personal
sufferings or injury.
- Every person criminally liable for a
felony is civilly liable for the material
damage.
- No civil liability to be enforced for
crimes that has no material damage.
- A person no criminally responsible
may still be liable civilly. (failure to
pay a contractual debt that caused
damage to another’s property)

RESERVATION OF RIGHT TO RECOVER CIVIL

LIABILITY
- Civil liability arising from the offense
charge is deemed instituted with the
criminal action unless offended party
waives the civil action, reserves right
to institute it separately, or institutes
the civil action prior to criminal
action.

RESERVATION AND WAIVER

- Refer only to the civil action for the
recovery of the civil liability arising
from offense charged.

SCOPE OF CIVIL LIABILITY

- Extent is governed by the Revised
Penal Code and the Civil Code.
- Include the following:
o Restitution
o Reparation for the damage
caused