Civil Liability Of A Person Guilty Of Felony

ART. 100

1. Social injury – produced by disturbance and alarm which are
   the outcome of the offense
2. Personal injury – caused by the victim who may have suffered
   damage, either to his person, property, honor or chastity

Dual Character Of The Crime As Against:
1. the state, because of the disturbance of peace and order
2. the private person injured, unless it involves the crime of
   treason, rebellion, espionage, contempt and others where no
   civil liability arises on the part of the offender either
   because there are no damages or there is no private person
   injured by the crime

Damage that may be recovered in criminal cases:
1. Crimes against persons, like crime of physical injuries –
   whatever he spent for treatment of wounds, doctor’s fees,
   medicines as well as salary or wages unearned
2. Moral Damages: seduction, abduction, rape or other lascivious
   acts, adultery or concubinage, illegal or arbitrary detention
   or arrest, illegal search, libel, slander or any other form
   of defamation, malicious prosecution
3. Exemplary Damages: imposed when crime was committed with one
   or more aggravating circumstances


If there is no damage caused by the commission of the crime,
offender is not civilly liable.

Dismissal of the information or the criminal action does not
affect the right of the offended party to institute or continue
the civil action already instituted arising from the offense,
because such dismissal does not carry with it the extinction of
the civil one.

When accused is acquitted on ground that his guilt has not been
proven beyond reasonable doubt, a civil action for damages for
the same act or omission may be instituted.

Exemption from criminal liability in favor of an imbecile or
insane person, and a person under 15 years, or over 15 but under
18 who acted without discernment and those acting under the
impulse of irresistible force or under the impulse of an
uncontrollable fear of an equal or greater injury does not include
exemption from civil liability.

Acquittal in the criminal action for negligence does not preclude
the offended party from filing a civil action to recover damages,
based on the theory that the act is a quasi-delict.

When the court found the accused guilty of criminal negligence
but failed to enter judgment of civil liability, the private
prosecutor has a right to appeal for the purposes of the civil
liability of the accused. The appellate court may remand the
case to the trial court for the latter to include in its
judgment the civil liability of the accused.

Before expiration of the 15-day period to appeal, the trial
court can amend the judgment of conviction by adding a provision
for the civil liability of the accused, even if the convict has
started serving the sentence.

If offender dies prior to the institution of the action or prior
to the finality of judgment, civil liability ex delicto is

An independent civil action may be brought by the injured party
during the pendency of the criminal case provided the right is
reserved. Reservation is necessary in the following cases:
    i. any of the cases referred to in Art 32 (perpetual or
       temporary disqualification for exercise of the right of
   ii. defamation, fraud and physical injury (bodily injury and
       not the crime of physical injury)
  iii. civil action is against a member of a city or municipal
       police force for refusing or failing to render aid or
       protection to any person in case of danger to life or

Prejudicial Question – one which arises in a case, the resolution
of which is a logical antecedent of the issue involved in said
case and the cognizance of which pertains to another tribunal.
(elements provided in Rule 111, Section 7 of RoC) For the
principle to apply, it is essential that there be 2 cases involved,
a civil and a criminal case. Prejudicial questions must be
decided before any criminal prosecution may be instituted or may


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