4. Apportionment of Civil Liability

Apportionment of Civil Liability

In a judgment of conviction, the court must state the accused’s participation and civil liability, among other required particulars. People v. Velasco, G.R. No. 195668, 25 June 2014. ¹ Civil awards should identify what each accused must pay: in People v. Batuhan, G.R. No. 219830, 3 August 2016, the Court rejected an order requiring two accused to jointly indemnify the aggregate damages and instead specified their individual liabilities. ² Joint liability may be ordered in specific circumstances, such as conspiracy or illegal recruitment; in Velasco, an accused convicted of illegal recruitment could be held solidarily liable for amounts victims paid even though co-accused remained untried or had evaded arrest. ²¹

Apportionment also requires identifying the basis of the civil claim: where the elements of estafa were not established, civil liability ex delicto could not be imposed in the criminal case, while liability arising from the loan contract had to be pursued separately. Wong v. Wong, G.R. No. 237159, 29 September 2021. ³ Any award must also avoid double recovery for the same act or omission. Supreme Transportation Liner, Inc. v. San Andres, G.R. No. 200444, 15 August 2018. ⁴