Civil Liability Ex-Delicto | REVISED PENAL CODE – BOOK ONE

CIVIL LIABILITY EX-DELICTO

Under Criminal Law, the principle of civil liability ex-delicto refers to the civil liability that arises from the commission of a crime. In the Revised Penal Code (RPC) of the Philippines, this concept is thoroughly intertwined with the criminal liability of the accused. Civil liability ex-delicto ensures that a person who commits a crime is not only held criminally accountable but also financially or civilly accountable to the victim or offended party.

LEGAL BASES

1. Article 100, RPC:
   "Every person criminally liable for a felony is also civilly liable."

   • This establishes the foundational rule that criminal acts automatically carry civil liability. The liability extends to restitution, reparation for damage caused, and indemnification for consequential damages.

2. Article 104, RPC:
   Civil liability includes:

   • Restitution: Return of the thing obtained through the commission of the crime.
   • Reparation for Damage Caused: Compensation for the actual harm done to the victim's property or person.
   • Indemnification for Consequential Damages: Covers losses indirectly caused by the crime, such as lost earnings or mental anguish.

3. Civil Code Provisions:
   Articles 2176 to 2194 of the Civil Code of the Philippines supplement the provisions of the RPC in cases of civil liability ex-delicto, particularly on quasi-delicts.

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NATURE AND SCOPE OF CIVIL LIABILITY

Civil liability ex-delicto has the following characteristics:

1. Automatic: It arises from the crime itself without needing a separate action.
2. Subsidiary Nature: When the accused is insolvent or unable to pay, other parties may be subsidiarily liable (e.g., employers under Article 103, RPC).
3. Scope: Civil liability includes restitution, moral damages, exemplary damages, and actual damages.

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PARTIES INVOLVED

1. Offender: The person convicted of the crime.
2. Offended Party: The person who suffered damages, whether physical, moral, or material.
3. Subsidiary Liable Parties (Article 103, RPC):
   • Employers or masters may be held liable for crimes committed by their employees or servants in the discharge of their duties.

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MODES OF ENFORCEMENT OF CIVIL LIABILITY

Civil liability arising from crimes may be enforced in the following ways:

1. Implied Institution in Criminal Cases (Article 112, RPC)

   • The civil action for the recovery of civil liability is deemed instituted with the criminal action unless expressly waived or reserved.

2. Separate Civil Action

   • If the civil liability is expressly reserved or the criminal action does not proceed (e.g., acquittal without prejudice to civil liability), the offended party may file a separate civil case.

3. Independent Civil Actions (Article 33, Civil Code)

   • In certain cases, such as defamation, fraud, or physical injuries, a civil action can proceed independently of the criminal case.

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EXCEPTIONS TO CIVIL LIABILITY

An accused may be exempt from civil liability under the following circumstances:

1. Justifying Circumstances (Article 11, RPC):

   • Acts done in self-defense or defense of others negate civil liability.

2. Exempting Circumstances (Article 12, RPC):

   • Cases where the offender is exempted from criminal liability due to insanity, minority, or other exempting circumstances.

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EXTENT OF DAMAGES AND INDEMNITY

1. Actual Damages

   • Quantifiable monetary losses directly resulting from the crime.
   • Must be proven with documentary or testimonial evidence.

2. Moral Damages

   • Compensation for emotional distress, humiliation, and mental suffering.
   • Awarded even without pecuniary loss when justified by the offense (Article 2219, Civil Code).

3. Exemplary Damages

   • Imposed to set an example or serve as a deterrent.
   • Requires proof of gross negligence or malice.

4. Loss of Earning Capacity

   • Compensation for the victim's inability to earn income as a result of the crime.

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SUBSIDIARY LIABILITY (Article 103, RPC)

If the offender has no property or is insolvent, persons or entities subsidiarily liable include:

1. Employers, if the crime was committed in the performance of official duties.
2. Parents, guardians, or individuals exercising substitute parental authority, for acts of unemancipated minors.

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ACQUITTAL AND CIVIL LIABILITY

1. Acquittal with Civil Liability:

   • An accused may be acquitted of the crime but still be held liable civilly if the acquittal is based on lack of criminal intent but not on the absence of damage caused.

2. Acquittal without Civil Liability:

   • When the court declares that the accused neither committed the act nor caused damage.

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KEY JURISPRUDENCE

1. People v. Bayotas (G.R. No. 102007, 1994)

   • Clarified that civil liability is extinguished only upon the death of the accused if the civil liability is solely based on the crime (ex-delicto). However, if civil liability arises from quasi-delict, it survives.

2. Reyes v. Santiago (G.R. No. 156042, 2007)

   • Reinforced the independent nature of civil actions under Article 33, Civil Code.

3. People v. Silos (G.R. No. 117200, 1998)

   • Acquittal based on reasonable doubt does not extinguish civil liability unless the fact of damage is also disproven.

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CIVIL LIABILITY AND PLEA BARGAINING

When the accused enters a plea bargain, civil liability is not automatically extinguished. The court must determine the extent of the civil obligation unless the parties agree otherwise.

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PRESCRIPTION OF CIVIL ACTIONS

Civil actions arising from a crime must be filed within the prescriptive periods provided in the Civil Code:

1. 4 years for quasi-delicts.
2. 10 years for contractual obligations.
3. Other periods depending on the nature of the civil liability.

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This comprehensive guide ensures that all aspects of civil liability ex-delicto under the Revised Penal Code are meticulously covered, balancing theoretical foundations with practical applications.