Obligation to satisfy civil liability

Obligation to satisfy civil liability

Art.113

Article 113. Obligation to satisfy civil liability. - Except in case of extinction of his civil liability as provided in the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason.

NOTES:

Unless extinguished, civil liability subsists even if the offender has served sentence consisting of deprivation of liberty or other rights or has not served the same, due to amnesty, pardon, commutation of the sentence, or any other reason.

Under the law as amended, even if the subsidiary imprisonment is served for non- payment of fines, this pecuniary liability of the defendant is not extinguished.

While amnesty wipes out all traces and vestiges of the crime, it does not extinguish the civil liability of the offender. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.

Probation affects only the criminal aspect of the crime.

Bar Exam Question (2000)

Civil liability; Effect of Acquittal (2000)

Name at least two exceptions to the general rule that in case of acquittal of the accused in a criminal case, his civil liability is likewise extinguished.

Suggested Answer:

Exceptions to the rule that acquittal from a criminal case extinguishes civil liability, are:
1) When the civil action is based on obligations not arising from the act complained of as a felony;
2) When acquittal is based on reasonable doubt or acquittal is on the ground that guilt has not been proven beyond reasonable doubt (Art. 29, New Civil Code);
3) Acquittal due to an exempting circumstance, like Insanity;
4) Where the court states in its Judgment that the case merely involves a civil obligation;
5) Where there was a proper reservation for the filing of a separate civil action;
6) In cases of independent civil actions provided for in Arts. 31, 32, 33 and 34 of the New Civil Code;
7) When the judgment of acquittal includes a declaration that the fact from which the civil liability might arise did not exist (Sapiera vs. CA, 314 SCRA 370);
8) Where the civil liability is not derived or based on the criminal act of which the accused is acquitted (Sapiera vs. CA. 314 SCRA 370).

Bar Exam Question (2000)

Civil liability; Effect of Acquittal (2000)

A was a 17-year old working student who was earning his keep as a cigarette vendor. B was driving a car along busy Espana Street at about 7:00 p.m. Beside B was C. The car stopped at an intersection because of the red signal of the traffic light. While waiting for the green signal, C beckoned A to buy some cigarettes. A approached the car and handed two sticks of cigarettes to C. While the transaction was taking place, the traffic light changed to green and the car immediately sped off. As the car continued to speed towards Quiapo, A clung to the window of the car but lost his grip and fell down on the pavement. The car did not stop. A suffered serious injuries which eventually caused his death. C was charged with ROBBERY with HOMICIDE. In the end, the Court was not convinced with moral certainty that the guilt of C has been established beyond reasonable doubt and, thus, acquitted him on the ground of reasonable doubt. Can the family of the victim still recover civil damages in view of the acquittal of C? Explain.

Suggested Answer:

Yes, as against C, A's family can still recover civil damages despite C's acquittal. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence {Art. 29, CC). If A's family can prove the negligence of B by preponderance of evidence, the civil action for damages against B will prosper based on quasi-delict. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, about pre-existing contractual relation between the parties, is called a quasi-delict [Art. 2176, CC). This is entirely separate and distinct from civil liability arising from negligence under the Penal Code [Arts, 31, 2176, 2177, CC}.

Understand The Background Of George Ursabia Now

President Rodrigo Duterte names George Ursabia as Philippine Coast Guard Commandant (June 1, 2020). He replaced retiring Admiral Joel Garcia.

Understand The Background Of George Ursabia Now.

1. He will be the 27th Philippine Coast Guard Commandant. (news.mb.com.ph)

2. He hails from Mindanao. He is a native of Polomok, South Cotabato.(radyonatin.com)

3. He entered PMA in 1983. He is a member of the PMA "Hinirang" Class of 1987. (rappler.com)

4. He holds a Master of Science Degree in Maritime Safety and Environmental Protection as a scholar of the Sasakawa Foundation, Japan.

5. He also earned his postgraduate degree from the World Maritime University in Malmo, Sweden in 1999.

6. He earned the command-at-sea badge, a coveted award, as he commanded 3 Coast Guard search and rescue vessels and 3 Bureau of Fisheries and Aquatic Resources 30-meter patrol boats. These Coast Guard Vessels are BRP Romblon (SARV-3503), BRP Davao Del Norte (SARV 3504), and BRP Pampanga (SARV 003),

7. George Villareal Ursabia Jr. also served as commander of Coast Guard districts in Central Visayas, Palawan, Southeastern Mindanao, and Northern Luzon, and the commander of the Coast Guard Ready Force and Staff for Maritime Safety Affairs.

8. Before he was appointed as the new PCG Commandant, Ursabia is the commander of the PCG – Marine Environmental Protection Command and the Task Group Laban COVID-19 Water Cluster. Prior to this position, He became the commander of Coast Guard Districts in Central Visayas, Palawan, Southeastern Mindanao, and Northern Luzon, as well as the Commander of the Coast Guard Ready Force and Staff for Maritime Safety Affairs.

9. He is a seasoned mariner with 7 years of sea experience.

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5 Things You Most Likely Didn't Know About Wilkins Villanueva

Five Things You Most Likely Didn't Know About Wilkins Villanueva

The Philippine Drug Enforcement Agency has a new Director-General in the person of Wilkins Villanueva. The President signed Villanueva's appointment paper on May 22 but was only released to the media on Tuesday.

Here are 5 things You most likely didn't know about Wilkins Villanueva:

1. Wilkins Villanueva is a member of the Maringal Class of the Philippine Military Academy Class of 1988.

2. Villanueva will serve as PDEA'S 7th director-general.

3. He holds a Master's Degree in Public Administration from the Ateneo de Davao University.

4. Villanueva served as PDEA-National Capital Region (NCR) chief.

5. He is the Regional Director of PDEA Northern Mindanao prior to his appointment as the new PDEA Director-General. He previously had a brief stint at the Bureau of Customs as the Head of the Intelligence and Investigation Service.

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2. Understand the background of George Ursabia Now

Pardon vs. Amnesty

Pardon vs. Amnesty

Bar Exam Question (2006)

Enumerate the differences between pardon and amnesty.

Suggested Answer:

1. Pardon includes any crime and is exercised individually by the President, while Amnesty applies to classes of persons or communities who may be guilty of political offenses.

2. Pardon is exercised when the person is already convicted, while amnesty may be exercised even before trial or investigation.

3. Pardon looks forward and relieves the offender of the penalty of the offense for which he has been convicted; it does not work for the restoration of the rights to hold public office, or the right of suffrage unless such rights are expressly restored by means of pardon, while Amnesty looks backward and abolishes the offense and its effects as if the person has committed no offense.

4. Pardon does not alter the fact that the accused is criminally liable as it produces only the extinction of the penalty, while Amnesty removes the criminal liability of the offender because it obliterates every vestige of the crime.

5. Pardon being a private act by the President, must be pleaded and proved by the person pardoned, while Amnesty which is a Proclamation of the Chief Executive with the concurrence of Congress is a public act of which the courts should take judicial notice.

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1. Crimes covered by the grant of Amnesty

Crimes Covered by Grant of Amnesty

Crimes Covered by Grant of Amnesty

Bar Exam Question 2006

Under Presidential Proclamation No. 724, amending Presidential Proclamation No. 347, certain crimes are covered by grant of amnesty. Name at least 5 of these crimes.

Suggested Answer:

Crimes Covered under Presidential Proclamation No.724:
1.  Coup d'etat;
2.  Rebellion;
3.  Insurrection;
4.  Disloyalty of Public Officers or Employees;
5.  Inciting to Rebellion or Insurrection;
6.  Conspiracy to commit rebellion or Insurrection;
7.  Proposal to commit rebellion or Insurrection;
8.  Sedition;
9.  Conspiracy to commit Sedition;
10. Inciting to Sedition;
11. Illegal Association
12. Direct Assault;
13. Indirect Assault;
14. Resistance and Disobedience to a person in authority;
15. Tumults and Other Disturbances;
16. Unlawful use of means of publications and unlawful utterances;
17. Alarm and Scandal
18. Illegal possession of firearms.

PNPA Mandayug Class of 2020 Top 10 Graduates

PNPA Mandayug Class of 2020 Top 10 Graduates

Top 1: F/Cdt Lei Anne Banico Palermo
       Zamboanga City, Zamboanga Del Sur

Top 2: J/Cdt Julius Caezar Panganiban Tarnate
       Bagong Silang, Caloocan City

Top 3: P/Cdt Zandra Gutierrez Tabar
       Curuan, Zamboanga City

Top 4: F/Cdt Lindon PariƱa Narvaza
       Kidapawan City, North Cotabato

Top 5: J/Cdt Jerelyn Dacles Barua
       Cuartero, Capiz

Top 6: J/Cdt Irish Adrianne Guzman Gumaru
       San Pablo, Isabela

Top 7: J/Cdt Enrico Rosario Reyes
       San Carlos City, Pangasinan

Top 8: P/Cdt Jose Leander Reyes Velasquez
       Cebu City, Cebu

Top 9: P/Cdt Lanie Rionda Mendoza
       Ragay, Camarines Sur

Top 10:P/Cdt Jessielito Lagarto Javier
       Lucena City, Quezon Province

Source: DZRH @dzrhnews

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What is visual search?

What is visual search?

Visual search is the inspection conducted at checkpoints such as focusing the flashlight inside the vehicle, and its passengers. No physical search on the body of the passengers is conducted.

If you are at the checkpoint:

The Supreme Court has stated that "in the event that people's rights are violated while at the checkpoint, they must be protected by law.

The military or authority must not go beyond the law. And the courts must make sure that the law is above all. In the event that the military/police and their officers at the checkpoint abuse their power, they must be held accountable. This mentality must be understood by the military/police and should be inculcated by the leadership of the AFP, PNP, and other law enforcement agencies.

According to the Supreme Court, conducting a checkpoint is usually not prohibited for as long as the interior of the vehicle is not searched or its passenger is not bodily searched and inspection is limited to visual or visual search.


What are the authorities forbidden to do at the checkpoint?

If there is not sufficient reason to conduct a thorough search, the authorities will:
1. Not force the vehicle passengers to get off and exit the vehicle;
2. Not physically search the body of the passengers; and
3. Not force the driver/passengers to open the vehicle.


In compliance with community quarantine enforcement, the Commission on Human Rights advises bringing the following to prevent stoppage at the checkpoint outside your home:
1. Identification Card proving that you are among the "essential workers" and front liners;
2. Authorization letter from the company you work for; and/or
3. Quarantine Pass.

Source: Commission on Human Rights

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