John Philip P.

Berdera A40/CPCLJL1

Criminal Law
LAW Book 1

CIVIL LIABILITY

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John Philip P. Berdera A40/CPCLJL1

Two classes of
injuries

1
Social injury
(produced by the disturbance and alarm
which are the outcome of the offense),

Personal injury

2 (caused to the victim of the crime).

Person Civilly
Liable for Felonies

Every person criminally

liable for a felony is also
civilly liable (Art. 100, RPC).
The civil liability arises
from the commission of
the felony (Civil Liability ex
delicto).
John Philip P. Berdera A40/CPCLJL1

What Civil Liability includes

Restitution; How made.

01 The restitution of the thing itself must be made wherever possible, with
allowance for any deterioration, or diminution of value as determined by
the court (Art. 105).

Reparation; How made

02 The court shall determine the amount of damage, taking into
consideration the price of the thing, whenever possible, and its special
sentimental value t the injured party, and reparation shall be made
accordingly (Art. 106).

Indemnification; What is included.

03 Indemnification for consequential damages shall include not only those
caused the injured party, but also those suffered by his family or by a
third person by reason of the crime (Art. 107).

John Philip P. Berdera A40/CPCLJL1

Subsidiary Liability
Under the RPC, the following are subsidiarily liable for
others:

Persons causing damages under the compulsion of

an irresistible force or the impulse of uncontrollable
fear used or created by the person primarily liable
(Third Rule, Art. 101);

Innkeepers, tavern keepers and proprietors of

establishment (Art. 102);

) Employees, teachers, persons and corporations

engaged in industry (Art. 103); and

Principals, accomplices and accessories for the

unpaid civil liability of their co-accused in the other
classes (Art. 110). Important note

Exemption from criminal liability does not include exemption from civil liability. But there is no civil liability under
paragraphs 4 (Accident) and 7 (Prevented Insuperable cause) of Article 12 of the RPC.
There is no civil liability in justifying circumstances, except under paragraph 4 (Avoidance of greater evil or injury) of Article
11. But the one civilly liable is the one benefited by the act which causes damage to another.
Amnesty, pardon and commutation of sentence do not extinguish civil liability ex delicto (Art. 113, RPC). A grant of
probation to the offender does not extinguish his civil liability ex delicto.

John Philip P. Berdera A40/CPCLJL1

Subsidiary Civil
Liability of
Employers

The statutory basis for an employer’s

subsidiary liability is found in Article 103 of the
Revised Penal Code. This liability is enforceable
in the same criminal proceeding where the
award is made. there is no need for bringing a
separate civil action.

John Philip P. Berdera A40/CPCLJL1

Extinction of Civil Liability

Civil liability established in Articles 100, 101, 102, and 103 of the Revised
Penal Code shall be extinguished in the same manner as obligations, in
accordance with the provisions of the Civil Law (Art. 112, RPC).
Under the New Civil Code, civil liability is extinguished by:

1 2 3
 Loss of the Condonation
Payment or
thing due or remission
performance
of debt

4 5 6
Confusion or Compensation Novation
merger

John Philip P. Berdera A40/CPCLJL1

IMPORTANT
NOTE

While all modes of extinguishment of obligations are

supposed to apply to civil liability ex delicto, one mode is
not included: The loss of the thing due. Thus, even if the
thing was lost through caso fortuito (fortuitous event),
the felon is still liable for indemnification and/or
reparation.