Professional Documents
Culture Documents
CIVIL LIABILITY
RATIONALE
Social Injury
Personal Injury
NCC 2176: The civil liability arising from negligence under the RPC is entirely separate and distinct from the responsibility for fault or negligence called a quasi-delict (fault or offense arising if there was no pre-existing contractual relation between the parties) NCC 2177: But the party claiming payment for the damage done cannot recover twice for the same act or omission of the defendant
(if
NCC 2219
defamation
malicious prosecution
aggravating circumstances
3. NCC 2206: Moral damages to: spouse, legitimate and illegitimate descendants and ascendants (because of mental anguish)
At least P3,000, even with mitigating circumstances
Other resulting liabilities of the offender: 1. Loss of earning capacity of the deceased-> unless the deceased had no earning capacity to begin with
Example:
A slapped the face of the mayor who was then in the performance of his duty-> direct assault under RPC 148-> action did not cause injury-> thus, A is not civilly liable
Arts, 29-35, 2176, 2177, and 2202, 2204, 2206, 2216, 2230, 2233, and 2234 and Rule 111, Revised Rules of Criminal Procedure
RPC is silent. Revised Rules of Criminal Procedure: Acquittal in a criminal case does not equate to extinction of civil
liability
Civil action based on delict-> extinguished if upon final
judgement in the criminal action-> act or omission the civil liability may arise did not exist
from which
CASES WHERE CIVIL LIABILITY EXISTS EVEN WITH THE A NEGATIVE JUDGEMENT IN CRIMINAL LIABILITY
Acquittal on reasonable doubt Acquittal from a case of nonimputability Acquittal in the criminal action for negligence When there is only civil responsibility In cases of independent civil action
EXCEPTION TO THE RULE THAT EXTINCTION OF THE CRIMINAL ACTION DOES NOT EXTINGUISH CIVIL ACTION
the criminal proceedings when the offended part has no right thereto
PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE)
PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE) II. When civil action may proceed independently (shall only require a preponderance of evidence):
NCC 32: when a public officer or employee impedes or impairs specific rights and
liberties of another person (ex. Freedom of religion, speech, press, suffrage, etc) NCC 33: cases of defamation, fraud, and physical injuries-> NCC 34: case when a member of a police force refuses or fails to render aid or protection to any person in case of danger to life or property NCC 2176: quasi-delicts-> fault or negligence arising from absence of pre-existing contractual relations between the parties
PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE)
III. When separate civil action is suspended (SEC. 2, Rule 111 Revised Rules of Criminal Procedure)
After commencement of criminal action (not filing): civil action cannot arise until final
judgement Civil action has already commenced when subsequent criminal action was filed: civil action is suspended suspension shall last until final judgement on the criminal action offended party has the option to consolidate both actions to be tried and decided jointly
PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE)
proceed for the same act of omission that was the subject of the civil action
PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE)
PROSECUTION OF CIVIL ACTION ARISING FROM A CRIME (RULE 111: REVISED RULES OF CRIMINAL PROCEDURE)
VI. Attachment in criminal cases Accused is about to abscond from the Philippines When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is in a fiduciary capacity, or for a willful violation of duty When the accused has concealed, removed, or disposed of his personal property, or is about to do so When the accused resides outside the Philippines
private prosecutor has the right to appeal for purposes of the civil liability of the accused-> appellate court may remand the case to the TC to include the judgement Offended party has the right to be heard during the appeal
CIVIL LIABILITY MAY BE ADDED WITHIN THE 15- DAY PERIOD, EVEN IF THE CONVICT HAS STARTED SERVING SENTENCE
insuperable cause
ART. 101: RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES Persons civilly liable for acts committed by persons acting under irresistible force or uncontrollable fear:
1. The persons using violence or causing the fear are PRIMARILY LIABLE
SECONDARILY
ART. 102: SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS, TAVERNKEEPERS, AND PROPRIETORS OF ESTABLISHMENTS
Elements under Par. 1
1. That the innkeeper, tavernkeeper or proprietor of the establishment or his employee committed a violation of a municipal ordinance or some general police regulation. 2. That the crime is committed in such inn, tavern or establishment.
shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties.
Elements:
1. The employer, teacher, person or corporation is engaged in any
kind of industry.
2. Any of their servants, pupils, workmen, apprentices or employees
liability
Definition of Industry:
Refers to a form of productive work, especially of manufacture, or a particular class of productive work itself, a trade or manufacture.
Exceptions:
1. A hospital doing charitable service is not engaged in an industry; hence, not
the selection and supervision of his employees WILL NOT EXEMPT the parties subsidiarily liable for damages.
3. Private persons without business or industry, not subsidiarily liable
Take Note:
1. Employer has the right to take part in the defense of his employee
2. Employer is subsidiarily liable for the full amount against his employee.
Take Note:
1. Employer has the right to take part in the defense of his employee
2. Employer is subsidiarily liable for the full amount against his employee.
Articles 100, 101, 102, and 103 of this Code shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law.
2. Rescission
3. Fulfilment of a resolutory condition 4. Prescription
Offender is civilly liable even if the property stolen is lost by reason of force majeure:
1. 2.
For the return of the property For the payment of its value if it cannot be returned, and this is whether the property is lost or destroyed by the act of the malefactor or that any other person, or as a result of any other cause or causes.
Art. 113. Obligation to satisfy civil liability. Except in case of extinction of his civil liability as provided in the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason
Pardon: in no case will exempt the culprit from the payment of civil indemnity imposed on him by the sentence
offender is required to pay the corresponding civil liabilities resulting from the different offenses
The order of payment of civil liabilities is based on dates of final judgements->
not based on the date of the commission of the offense, following the chronological order of the dates of the final judgements-> differs from criminal liability which is satisfied by successive service of sentences (Art. 70)
Danilo del Rosario was thirty-seven (37) years old at the time of his death. His
average income as fishpond caretaker was P3,000.00 a month. Hence, in accordance with the American Expectancy Table, the loss of earning capacity must be computed as follows: 2/3 multiplied by (80 minus age of the deceased).Since Danilo was 37 years of age at the time of his death, then his life expectancy was 28.66 years.
(x) = P 514,800.00