CRIMINAL LAW > II. REVISED PENAL CODE – BOOK ONE > H. CIVIL LIABILITY EX-DELICTO > 1. PRIMARY AND SUBSIDIARY

Under the Revised Penal Code (RPC) of the Philippines, civil liability arising from crimes or ex-delicto refers to the obligation of the offender to indemnify the victim for the harm or damage caused by the criminal act. This topic is crucial as it deals with the restitution, reparation, or indemnification that flows from the criminal offense, ensuring justice for the victim. Below is a detailed explanation:

I. Nature of Civil Liability Ex-Delicto

Civil liability ex-delicto arises from the commission of a crime under Article 100 of the RPC, which states:

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

The civil liability includes:

Restitution - Returning what has been wrongfully taken or its value.
Reparation for Damage Caused - Payment for the loss or injury.
Indemnification for Consequential Damages - Compensation for secondary harm.

This liability is distinct from criminal liability and survives even if the accused is acquitted, provided that the acquittal is based on reasonable doubt and not on a finding that no crime was committed.

II. Primary Civil Liability

A. Persons Primarily Liable

The offender or accused is primarily liable for all civil damages directly caused by their criminal act.
- Example: If a thief steals property, they must return the stolen item or pay its value.
- Basis: Quasi-delicts under Article 2176 of the Civil Code may supplement the liability.
When there is a joint criminal act (e.g., conspiracy), all participants are solidarily liable for civil damages.

B. Scope of Primary Liability The primary civil liability covers:

Material damages - Loss of property, injury, or harm to rights.
Moral damages - Compensation for emotional or psychological harm, as provided under the Civil Code.
Nominal damages - Awarded for vindicating a violated right.
Exemplary damages - Imposed to deter similar acts, requiring proof of gross negligence or bad faith.

C. Causation The damage or injury must be the direct and proximate result of the criminal act.

III. Subsidiary Civil Liability

Subsidiary liability attaches to certain individuals or entities who are not the direct offenders but are required by law to respond for damages if the principal offender cannot pay.

A. Basis Article 103 of the RPC provides that employers, parents, guardians, owners of establishments, and similar individuals/entities may be subsidiarily liable for civil damages if:

A person under their control or authority committed the crime.
They failed to exercise due diligence in preventing the crime or mitigating the harm.

B. Persons Subsidiarily Liable

Employers - For crimes committed by their employees in the discharge of their duties.
- Example: If a company driver injures someone while negligently driving a company vehicle.
- Defense: Proof of diligent hiring and supervision (Article 2180, Civil Code).
Parents or Guardians - For crimes committed by minor children under their custody.
- Defense: Proof that proper care and supervision were exercised.
Teachers or Heads of Schools - For crimes committed by students under their supervision.
Owners and Managers of Establishments - For crimes committed by employees within their scope of employment.
State Institutions - For employees acting within their official functions, subject to exceptions provided in jurisprudence.

C. Subsidiary Liability is Secondary Subsidiary liability applies only when:

The primary offender is insolvent.
The victim has exhausted all means to recover from the principal offender.

IV. Interaction with Civil Code Provisions

Article 2176 (Quasi-Delicts): Even if no crime exists, the wrongful act may still give rise to civil liability if negligence or fault can be established.
Article 2180 (Vicarious Liability): Imposes civil liability on certain persons for the acts of others due to relationships like employment or guardianship.

V. Criminal and Civil Proceedings

Independent Civil Actions (Rule 111, Rules of Court)
- A victim may pursue civil liability independently of the criminal case when based on: a. Breach of contract b. Quasi-delict c. Violation of constitutional rights
Reservation of Civil Action
- If the civil liability is to be pursued separately, the victim must expressly reserve this right before the prosecution rests its case.
Automatic Institution of Civil Liability
- In criminal cases, civil liability is generally deemed automatically instituted unless expressly waived or reserved.

VI. Extinguishment of Civil Liability

Civil liability may be extinguished by:

Payment or Performance - Satisfying the obligation.
Prescription - Lapse of the period to enforce the claim.
Waiver - The aggrieved party voluntarily renounces the claim.
Novation - Substituting the original obligation with a new one.
Death of the Accused - Extinguishes both criminal and civil liabilities unless civil liability is based on a source other than ex-delicto.

VII. Jurisprudence and Practical Applications

People v. Bayotas (G.R. No. 102007):
- Civil liability is extinguished upon the death of the accused before final judgment unless based on independent civil action.
Libi v. Intermediate Appellate Court:
- Clarified the extent of moral and exemplary damages in cases involving quasi-delicts.
Filipinas Synthetic Fiber Corp. v. De la Cruz:
- Employers are subsidiarily liable for employees’ criminal acts unless due diligence is proven.

This topic is foundational in ensuring that victims of crimes are properly compensated, recognizing that criminal acts often result in both public and private harm. Understanding the interplay between primary and subsidiary liabilities under Philippine law ensures that justice is fully served in both criminal and civil dimensions.