Acts or omissions resulting in felonies produce two classes of injuries. The first injury is directed against the state and is known as “social injury”. The offended party is the government or the collective right of our people. It is repaired through the imposition of penalties. The second injury is directed to the private offended party and is known as “personal injury”.
The injury is caused to the victim of the crime who may have suffered damage, either to his person, to his property, or to his honor which is compensated by way of indemnity which is civil in nature.
A person criminally liable is also civilly liable. The award of civil damages arising from crime is governed by the Revised Penal Code, subject to the provisions of Article 32, 33 and 34 of the New Civil Code. Procedural aspect of the civil liability of the accused, Rule 111 of the Revised Rules of Court governs. Section 1, Rule 111 provides that:
Section 1. Institution of criminal and civil actions. – When a criminal action is instituted, the civil action for the recovery of civil liability is implied instituted with the criminal action, unless the offended party waives the civil action, reserves his right to institute it separately, or institutes the civil action prior to the criminal action.
A waiver of any of the civil actions extinguishes the others. The institution of, or the reservation of the right to file, any of said civil actions separately waives the others.
In no case may the offended party recover damages twice for the same act or omission of the accused.
In cases wherein the amount of damages, other than actual, is alleged in the complaint or information, the corresponding filing fees shall be paid by the offended party upon the filing thereof in court for trial.
Civil liability in the aforecited rule is predicted on the crime committed by the offender. If the civil liability arose from crimes covered under Articles 32, 33 and 34 and 2176 of the New Civil Code, an independent civil action can be instituted, either before or after the filing of the criminal case, provided that in the latter case, the offended party makes an express reservation to file a separate civil action. When a civil action is filed as stated above, the same is suspended upon filing of the criminal action, meaning, the trial is not to be done until the criminal case is resolved or decided. This rule, however, is not applicable if the civil liability that is separately instituted,
arises or originates from the provisions of Articles 32, 33 and 34 of the Civil Code.
It is necessary, however that the civil liability under all said articles arise from the same act or omission of the accused.
When the civil liability arising from the crime is different from civil liability arising from the Civil Code, if civil liability is already awarded in the criminal action, the offender cannot again claim civil liability arising from crime, and one arising from quasi-delict.
Civil Liabilities vs. Pecuniary Liabilities
Civil Liability Pecuniary Liability
Includes reparation of damage caused and indemnification for consequential damages
Includes reparation of damages caused and indemnification for consequential damages
Includes restitution Does not include restitution Does not include fines and costs of
the proceedings Includes fine and the costs of the proceedings
Art. 100. Civil liability of a person guilty of felony . — Every person criminally liable for a felony is also civilly liable.
Basis:
obligation to repair or to make whole the damage caused to another by reason of an act or omission, whether done intentionally or negligently and whether or not punishable by law
If the crime is one from which no civil liability may arise, like Illegal Possession of Firearm (P.D. 1866 as amended by R.A. 8294), or illegal sale, transport or possession of prohibited drugs (R.A. 64225 as amended by R.A.
7659), the convict incurs no civil liability.
Dual character of the crime as against:
a) the state because of the disturbance of peace and order
b) the private person injured unless it involves the crime of treason, rebellion, espionage, contempt and others where no civil liability arises on the part of the offender either because there are no damages or there is no private person injured by the crime
The civil liability of the accused may be enforced in the criminal action or in a direct civil action. The choice is in the offended party. If his preference is to prosecute the civil action in the criminal proceedings, he cannot be compelled to institute a separate civil action instead. (Pp vs. Guido, 57 Phil. 52) Damage that may be recovered in criminal cases:
• Crimes against persons, like crime of physical injuries – whatever he spent for treatment of wounds, doctor’s fees, medicines as well as salary or wages unearned
• Moral Damages: seduction, abduction, rape or other lascivious acts, adultery or concubinage, illegal or arbitrary detention or arrest, illegal search, libel, slander or any other form of defamation, malicious prosecution
• Exemplary Damages: imposed when crime was committed with one or more aggravating circumstances
NOTES:
a) If there is no damage caused by the commission of the crime, offender is not civilly liable
b) Dismissal of the info or the crime action does not affect the right of the offended party to institute or continue the civil action already instituted arising from the offense, because such dismissal does not carry with it the extinction of the civil one.
c) When accused is acquitted on ground that his guilt has not been proven beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted
When during the trial what was established was only the civil aspect of the case and the same facts adduced did not constitute a crime, civil liability is also awarded. (Padilla vs. Court of Appeals, 129 SCRA 558)
d) Exemption from criminal liability in favor of an imbecile or insane person, and a person under 9 yrs, or over 9 but under 15 who acted w/ discernment and those acting under the impulse of irresistible force or under the impulse of an uncontrolable fear of an equal or greater injury does not include exemption from civil liability.
e) Acquittal in the criminal action for negligence does not preclude the offended party from filing a civil action to recover damages, based on the theory that the act is quasi-delict
f) When the court found the accused guilty of criminal negligence but failed to enter judgement of civil liability, the private prosecutor has a right to appeal for the purposes of the civil liability of the accused. The appellate court may remand the case to the trial court for the latter to include in its judgement the civil liability of the accused
Where the accused was convicted in a criminal case but the court did not make any pronouncement on his civil liability, such omission on the part of the court will not operate to prevent or bar the offended party to file a separate civil action. (Bachrach Motors, Inc. vs. Gamboa, 101 Phil. 1219) Silence is the declaration that the same is reserved by the complainant and will not operate as res adjudicata.
g) Before expiration of the 15-day for appealing, the trial court can amend the judgement of conviction by adding a provision for the civil liability of the accused, even if the convict has started serving the sentence.
h) An independent civil action may be brought by the injured party during the pendency of the criminal case provided the right is reserved. Reservation is necessary in the ff cases:
1. any of the cases referred to in Art 32 (violation of ones fundamental rights)
2. defamation, fraud and physical injury (bodily injury and not the crime of physical injury)(Art.33)
3. civil action is against a member of a city or municipal police force for refusing or failing to render aid or protection to any person in case of danger to life or property(Art.34)
4. in an action for damage arising from fault or negligence and there is no pre-existing contractual relation between the parties (quasi-delict) (Art.2176)
i) Prejudicial Question – one w/c arises in a case, the resolution of which is a logical antecedent of the issue involved in said case and the cognizance of which pertains to another tribunal.
The following requisites must be present:
1. The civil case involves facts intimately related with those of the criminal case; and
2. The resolution of the issue or issues raised in the civil action wherein the guilt or innocence of the accused would necessarily be determined.
(Sec. 5, Rule 111, RRC)
• For the principle to apply, it is essential that there be 2 cases involved, a civil and a criminal case. Prejudicial questions may be decided before any criminal prosecution may be instituted or may proceed.
• An independent civil action may be brought by the injured party during the pendency of the criminal case, provided that the right is reserved
When the civil aspect of the case is not reserved but is prosecuted in the criminal action, the offended party may, by appropriate motion, pray or ask the trial court to issue a writ of preliminary attachment against the property of the accused as security for the satisfaction of any judgment that may be awarded in favor of the offended party upon the termination of the case.
If the offended party in a criminal case is represented by a private prosecutor, he cannot file a separate civil action.
If the offended party is represented by a private prosecutor and the latter did not produce evidence to prove civil liability and the case was resolved without the evidence to prove civil liability and the case was resolved without the court disposing of the civil aspect of the case, the decision of the court shall operate as a bar to the recovery of civil liability. In a criminal case, the presence of a private prosecutor is justified because of the civil aspect of the case. As a rule, the moment the private prosecutor makes a manifestation that the offended party is reserving the civil aspect of the case, he is immediately disqualified to appear as private prosecutor. (Roas vs. dela Cruz)
• Extinction of the penal action does not carry with it the extinction of the civil, unless the extinction proceeds from a declaration in a final judgement that the fact from which the civil might arise did not exist
In a criminal case, the civil liability of the employee is enforceable against the employer if the former is insolvent.
Art. 101. Rules regarding civil liability in certain cases . — The exemption from criminal liability established in subdivisions 1, 2, 3, 5 and 6 of article 12 and in subdivision 4 of article 11 of this Code does not include exemption from civil liability, which shall be enforced subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for