E. Civil Liability Ex Delicto

G. Civil Liability Ex-Delicto

• Primary and Subsidiary
• Restitution, Reparation, and Indemnification – Articles 104-108
• Civil Liability of an Offender Exempted from Criminal Liability – Article 101
• Share of Each Person Civilly Liable for a Felony – Article 109
• Preference in Payment – Article 110
• Persons Who Participated Gratuitously – Article 111
• Extinction and Survival of Civil Liability Ex-Delicto – Articles 112-113

Civil Liability Ex-Delicto under the Revised Penal Code (RPC)

Civil liability ex-delicto refers to the civil liability arising from the commission of a felony. Under the Revised Penal Code of the Philippines, this liability is inherent in every crime committed. It aims to compensate the victim for damages suffered as a result of the criminal act. Here's a discussion of the key topics under civil liability ex-delicto:

1. Primary and Subsidiary Civil Liability

• Primary Liability:
• The offender (the person who committed the crime) is primarily liable for the damages caused by their criminal act. This means that the offender is directly responsible for paying restitution, reparation, and indemnification to the victim.
• When the offender is convicted, the court automatically imposes civil liability unless the victim explicitly waives the right to seek such damages.
• Subsidiary Liability:
• If the offender is unable to pay the civil liability, certain other parties may be held subsidiarily liable, meaning they may be required to pay in place of the offender.
• Examples of those who may be subsidiarily liable include employers or owners of enterprises where the offender is employed, provided the crime was committed in the course of employment (Article 103).
• The liability of the employer or other parties is secondary; they are only liable if the offender is insolvent or unable to pay the damages.

2. Restitution, Reparation, and Indemnification – Articles 104-108

• Restitution (Article 105):
• The thing itself must be restored whenever possible, with allowance for deterioration or diminution of value as determined by the court, subject to Article 105’s rules on third-party possession.
• Reparation (Article 106):
• The court determines the amount of damage, considering the thing’s price, whenever possible, and its special sentimental value to the injured party.
• Indemnification for consequential damages (Article 107):
• Indemnification includes damages suffered by the injured party, their family, or a third person by reason of the crime.
• Consequential damages under Article 107:
• Damages suffered by the injured party’s family or by a third person by reason of the crime are included in indemnification for consequential damages.
• Succession to civil liability and the corresponding action (Article 108):
• The obligation to make restitution, reparation, and indemnification devolves upon the liable person’s heirs; the action to demand them descends to the injured person’s heirs.

3. Civil Liability of an Offender Exempted from Criminal Liability – Article 101

• Article 101 establishes that even if a person is exempt from criminal liability under certain circumstances (e.g., under Article 12 which includes cases like insanity or minority), they may still be held civilly liable for the damages caused by their actions.
• This means that the victim can still seek compensation for damages, even if the offender is not criminally punished due to an exemption.
• For instance, if a child (a minor) commits a crime, they may be exempt from criminal liability, but their parents or guardians may be held civilly liable to compensate the victim.

4. Share of Each Person Civilly Liable for a Felony – Article 109

• Article 109 outlines that when two or more persons are criminally liable for a felony, each one is also civilly liable.
• The court determines each liable person’s share under Article 109. Persons within each class—principals, accomplices, or accessories—are solidarily liable for their respective class’s share under Article 110, subject to that article’s rules on subsidiary liability.
• The court will apportion the liability among the offenders based on their degree of participation in the crime.

5. Preference in Payment – Article 110

• Article 110 prescribes solidary liability among participants within each respective class—principals, accomplices, and accessories—for their quotas, and subsidiary liability for the quotas of the other classes.
• Subsidiary liability is enforced first against the property of the principals, next against that of the accomplices, and lastly against that of the accessories.
• A person who pays under solidary or subsidiary liability has a right of action against the others for their respective shares.

6. Persons Who Participated Gratuitously – Article 111

• Article 111 applies to a person who gratuitously participated in the proceeds of a felony.
• That person must make restitution in an amount equivalent to the extent of that participation.

7. Extinction and Survival of Civil Liability Ex-Delicto – Articles 112-113

• Extinction of Civil Liability (Article 112):
• Civil liability arising from a crime is extinguished in the same way as other civil obligations. This includes payment or performance of the obligation, condonation or remission of the debt, confusion or merger of rights, compensation, or novation.
• Additionally, the death of the offender before the final judgment can extinguish civil liability, except for civil liability derived from sources other than the crime (like quasi-delicts).
• Survival of Civil Liability (Article 113):
• Under Article 113, the obligation to satisfy civil liability remains despite service of sentence, amnesty, pardon, or commutation.
• Acquittal does not necessarily bar a civil action, but an acquittal expressly finding that the act from which civil liability might arise did not exist extinguishes the civil liability arising from that act (Rule 111, Sec. 2(b), Rules of Criminal Procedure).

Conclusion

Civil liability ex-delicto ensures that victims of crimes are compensated for their losses and damages. The Revised Penal Code provides a comprehensive framework that delineates the obligations of offenders and other liable parties, ensuring that justice is served not only through punishment but also through restitution, reparation, and indemnification. The law balances the rights of victims to be compensated with the ability of offenders to fulfill these obligations, providing mechanisms for primary and subsidiary liability, and preserving the obligation to satisfy civil liability despite service of sentence, amnesty, pardon, or commutation.

Updated: When estafa is not established, civil liability ex delicto cannot be imposed, and any contractual liability must be pursued separately (Wong v. Wong, G.R. No. 237159, 29 September 2021).

Notes:

• The adulterer and concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse.
• Acts of lasciviousness may give rise to civil liability, including moral damages for the offended party under Article 2219(3) of the Civil Code.
• Moral damages may be awarded to the offended party, and her parents, for seduction, abduction, rape, other lascivious acts (Art. 2219 Civil Code).
• In multiple rapes by multiple offenders, all of them must support offspring. No one may be made to acknowledge his offspring.
• The offender in a rape case who is married is no longer prohibited from acknowledging his offspring because, since the child is illegitimate, the Family Code automatically confers parental authority to the mother. He can, however, only be sentenced to indemnify the victim and support his offspring. The amount and terms of support should be determined only after due notice and hearing.
• Only indemnity is allowed in rape of a married woman. The defendant cannot be sentenced to acknowledge and support the offspring.

Art. 346. Liability of Ascendants, Guardians, Teachers, or Other Persons Entrusted with Custody of Offended Party

Provision is applicable to the following crimes:

• Acts of lasciviousness
• Qualified seduction
• Simple seduction
• Acts of lasciviousness with consent of the offended party
• Corruption of minors
• White slave trade
• Forcible abduction
• Consented abduction

Notes:

• Damage caused without deceit or without abuse of confidence gives rise only to civil liability.
• Ownership is not a necessary element of estafa. In a case, A handed a check signed by his father to B for the purpose of exchanging the peso amount stated in the check with dollars. B subsequently ran away with the check without giving the appropriate dollar equivalent. A may sue B even if the former does not own the funds of the check taken by B.

Art 316. Other Forms of Swindling

Punishable Acts:

• Conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner of the same
• Disposing of real property as free from encumbrance, although such encumbrance be not recorded
• Wrongfully taking by the owner of his personal property from its lawful possessor
• Executing a fictitious contract to the prejudice of another (as distinguished from fraudulent insolvency, however)
• Accepting any compensation for services not rendered
• Selling or mortgaging or encumbering real property or properties with which the offender guaranteed the fulfillment of his obligation as surety

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Note: There must be actual damage, not merely intent to cause damage, in view of the basis of the penalty which is the “value of the damage caused.