Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Prosecution of Civil Action (Rule 111)

4. Civil Liability Ex Delicto

Cause of Action

A delict or wrongful act or omission committed by the defendant in violation of the primary rights of the plaintiff.

Article 34, Civil Code

When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor.

Article 2176, Civil Code

Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter (Quasi-Delicts).

Effect of Plea Bargaining on Civil Liability of the Accused

The civil liability is not covered by the plea bargain. To hold otherwise would lead to the possibility that offended parties will hesitate to give their consent to a plea of guilty to a lesser offense by the accused for fear that it would foreclose their chance to recover the appropriate civil liability. (Heirs of Mario Gevero v. Guihing Agricultural Dev’t Corporation, G.R. No. 122619, 2006)

Authorities

Civil Code, Sec. 2176
Heirs of Gevero v. Guihing Agricultural & Development Corporation, G.R. No. 122619, 18 August 2006