Civil Liability

Persons Civilly Liable For Felonies

As a general rule, an offense causes two classes of injuries:

1. Social injury, produced by the disturbance and alarm which are the outcome of the offense

2. Personal injury, caused to the victim of the crime who may have suffered damage, either to his person, to his property, to his honor, or to her chastity

The social injury is sought to be repaired through the imposition of the corresponding penalty; while the personal injury, through indemnity, which is civil in nature

ART. 100 Every person criminally liable for a felony is also civilly liable.

Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.

Civil obligations arising from criminal offenses shall be governed by the penal laws.

The civil liability arising from negligence under the Revised Penal Code is entirely separate and distinct from the responsibility for fault or negligence called a quasi-delict. But the party claiming payment for the damage done cannot recover twice for the same act or omission of the defendant.

Civil liability under the Revised Penal Code includes (1) restitution, (2) reparation of the damage caused, and (3) indemnification for consequential damages. In the ultimate analysis, what gives rise to the civil liability is really the obligation of everyone to repair or to make whole the damage caused to another by reason of his act or omission, whether done intentionally or negligently and whether or not punishable by law.

In crimes against property, damages based on the price of the thing and its special sentimental value to the injured party may be recovered, if the thing itself cannot be restored

In crimes against persons, like the crime of physical injuries, the injured party is entitled to be paid for whatever he spent for the treatment of his

wounds, doctor’s fees, and the medicine, as well as the salary or wages unearned by him because of his inability to work due to his injuries .

Damages may also be recovered for loss or impairment of earning capacity in cases of temporary or permanent personal injury (Art. 2205, NCC)

Moral damages may be recovered in a criminal offense resulting in physical injuries, in the crimes of 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, and in malicious prosecution (Art. 2219, NCC)

Exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances (Art. 2230, NCC)

But if there is no damage caused by the commission of the crime, the offender is not civilly liable even if he is criminally liable for the felony committed

The extinction of the penal action does not carry with it extinction of the civil. However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist