1. The employer, teacher, person or corporation is engaged in
any kind of industry.
2. Any of their servants, pupils, workmen, apprentices or
employees commits a felony while in the discharge of his
3. The said employee is insolvent and has not satisfied his
Industry – any department or branch of art, occupation or business;
especially one w/c employs so much labor and capital is a distinct
branch of trade.
Hospitals are not engaged in industry; hence, they are not
subsidiarily liable for acts of nurses.
Private persons without business or industry are not subsidiarily
A separate trial is not necessary to enforce the subsidiary
liability of the employer. The judgment obligee only needs to
file a motion for subsidiary execution. During the hearing of
the said motion, it is incumbent upon the movant to prove that;
(1) an employer-employee relationship exists;
(2) the employer is engaged in an industry;
(3) the convict committed the crime while in the discharge of
his duties; and
(4) the writ of execution was returned unsatisfied.
The employer’s subsidiary liability arises when it is proved
that the convict committed the crime while at the service of
the employer and the writ of execution issued against the
accused is returned unsatisfied. On the other hand, if the
convict committed the crime but NOT while in the service of an
employer and he cannot pay his civil liability, Art. 39 on
subsidiary penalty will apply.
Civil liabilities vs. Pecuniary Liabilities
1. Civil Liabilities - Includes reparation and indemnification
Pecuniary Liabilities - same
2. Civil Liabilities - Includes restitution (return property taken),
nothing to pay in terms of money.
Pecuniary Liabilities - No restitution as the liabilities are
to paid out of the property of the offender.
3. Civil Liabilities - No fines and costs of proceedings.
Pecuniary Liabilities - includes fines and costs of proceedings