Share of Each Person Civilly Liable for a Felony under the Revised Penal Code of the Philippines

Under Philippine criminal law, civil liability arising from a felony (civil liability ex-delicto) involves the obligation of offenders to indemnify the injured party for damages. This liability stems from the principles of justice and equity, ensuring that offenders restore, as much as possible, the status quo ante. Here are the key principles governing the share of each person civilly liable for a felony:

I. Basis of Civil Liability Ex-Delicto

Civil liability ex-delicto arises from the commission of a crime. Article 100 of the Revised Penal Code provides:

“Every person criminally liable for a felony is also civilly liable.”

This civil liability includes:

Restitution – Returning what was taken.
Reparation – Payment for the damage caused.
Indemnification for Consequential Damages – Covering other losses or damages that directly resulted from the felony.

II. General Rule on Solidary Liability

When there are two or more offenders in the commission of a felony, their liability is generally solidary (joint and several) under Article 110 of the Revised Penal Code:

“Notwithstanding the provisions of the next preceding article, the courts may determine the extent of the civil liability for damages in case the responsibility of two or more persons liable for a felony is not proportionately the same.”

This means:

Each offender is liable for the entire amount of the civil liability.
The injured party may recover the full amount from any one of them, leaving the latter to claim reimbursement from the co-offenders.

Exceptions to Solidary Liability

Judicial Determination of Proportional Liability: Courts have discretion to apportion liability based on the degree of participation and culpability of each offender.
Indivisibility of Civil Liability: Where the act causing the harm is indivisible, solidary liability applies without proportionality unless specified otherwise.

III. Persons Civilly Liable for a Felony

The following are civilly liable for felonies:

Principal by Direct Participation: A person who directly commits the criminal act.
Principal by Inducement: A person who commands or induces another to commit a felony.
Principal by Indispensable Cooperation: A person who cooperates in the commission of the offense without which the crime would not have been accomplished.
Accomplices: Those who participate in the crime without being principals.
Accessories: Individuals who participate in the crime after its commission, although their liability is limited to cases where restitution, reparation, or indemnity is concerned.

IV. Extent of Liability Based on Participation

1. Principals:

Principals are generally liable for the entire amount of the civil damages caused by the felony.
If multiple principals are involved, their liability is typically solidary unless the court apportions liability differently.

2. Accomplices:

Accomplices are liable for civil damages, but their liability may be less than that of the principals. Courts may impose proportional civil liability based on their level of participation.

3. Accessories:

Accessories are generally liable only for damages directly resulting from their acts of cooperation, particularly when restitution or reparation cannot be fully satisfied by the principals or accomplices.

V. Special Rules on Civil Liability Sharing

1. Collective Felonies (Conspiracy and Plural Participation):

In crimes involving conspiracy, all conspirators are considered principals, and their civil liability is solidary. The extent of liability is not reduced by the degree of actual participation in the crime, as conspiracy renders all conspirators equally liable.
Exceptions arise if a conspirator’s participation is minor and does not directly contribute to the harm caused.

2. Divisible vs. Indivisible Harm:

Indivisible Harm: Civil liability is solidary, as the damage cannot be apportioned.
Divisible Harm: Courts may apportion liability based on each offender’s contribution to the harm.

3. Negligence or Quasi-Delicts (Article 2176, Civil Code):

If a felony also constitutes a quasi-delict (e.g., reckless imprudence resulting in homicide), offenders may incur separate and distinct civil liabilities under civil law. Courts can apportion liability accordingly.

VI. Subsidiary Liability of Employers and Other Persons

In cases where the principal offender is insolvent, subsidiary liability may apply:

Employers (Article 103, Revised Penal Code): Employers are subsidiarily liable for felonies committed by their employees in the discharge of duties.
Parents and Guardians: Subsidiarily liable for acts of minor children or wards under their custody (Civil Code).
Teachers and Institutions: Liable for damages caused by their students or wards under their supervision.

VII. Extinguishment of Civil Liability

Civil liability may be extinguished through:

Full Payment of Damages.
Prescription of the Civil Action: Governed by the Civil Code.
Compromise or Settlement Agreement.
Acquittal in Criminal Case: When the acquittal declares that no criminal act was committed or that the accused is not civilly liable.

VIII. Key Case Law and Jurisprudence

People v. Sendaydiego (1977): Established that civil liability ex-delicto includes restitution, reparation, and indemnification for consequential damages.
People v. Amistad (2016): Reinforced the solidary liability of conspirators in a felony.
Heirs of De Guzman v. Court of Appeals (2006): Clarified subsidiary liability of employers in cases of employee insolvency.

IX. Practical Applications

Multiple Offenders: The injured party may choose whom to demand payment from but cannot claim more than the total damages awarded.
Insolvency of One Offender: The others bear the unpaid share, subject to reimbursement from the insolvent party when possible.
Judicial Determination: The courts may adjust the share of liability based on fairness and the degree of fault.

This framework ensures that civil liability ex-delicto operates fairly while protecting the injured party’s right to full compensation. Courts exercise discretion to tailor liability to the circumstances of each case.