General Rule: Exemption from criminal liability does not include
exemption from civil liability.
Exception: No civil liability in Art. 12, par. 4 (injury
caused by mere accident) and par. 7 (failure to perform an
act required by law when prevented by some lawful or
Pars. 1,2,3,5 and 6 are NOT exempt from civil liability although
exempt from criminal liability.
Who Are Civilly Liable For: -
1. Acts of insane or minor exempt from criminal liability
a. primarily persons having legal authority or control over
him, if at fault or negligent (except if proven that they
acted without fault or with due diligence)
b. If there is no fault or negligence, or even with fault
but are insolvent and there are no persons having legal
authority over them, the property of the insane, minor or
imbecile not exempt from execution shall be held liable.
2. Over 15 but under 18, with discernment
a. The father and, in case of his death or incapacity, the
mother, are responsible for the damages caused by the minor
children who live in their company.
b. Guardians over minors who are under their authority and
live in their company
c. If there are no parents or guardian, the minor or insane
person shall be answerable with his own property in an
action against him where a guardian ad litem shall be
NOTE: Final release of a child based on good conduct does
not remove his civil liability for damages.
3. Persons acting under an irresistible force or uncontrollable
fear – Persons using violence or causing the fear are primarily
liable. If there are none, those doing the act are responsible.
General Rule: no civil liability in justifying circumstances
Exception: par. 4 of Art. 11, where a person does an
act, causing damage to another, in order to avoid evil
or injury, the person benefited by the prevention of
the evil or injury shall be civilly liable in proportion
to the benefit he received.
Civil liability in case of state of necessity
Those who benefited by the act are liable. The court shall
determine the proportionate amount for which each shall be
liable. If the government or majority of the inhabitants
are held responsible, such will be determined by special
laws or regulations.