What Is Included in Civil Liability

ART. 104

What is included in civil liability. - The civil liability established in Articles 100, 101, 102, and 103 of this Code includes:

1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.

The first remedy granted by law is restitution of the thing taken away by the offender; if restitution cannot be made by the offender or by his heirs, the law allows the offended party reparation. In either case, indemnity for consequential damages may be required.

Restitution – In theft, the culprit is duty-bound to return the property stolen.

Reparation – In case of inability to return the property stolen, the culprit must pay the value of the property stolen.

In case of physical injuries, the reparation of the damage caused would consist in the payment of hospital bills and doctor’s fees to the offended party.

Indemnification – the loss of salary or earnings.

Bar Exam Question (2006)

Damages; Homicide; Temperate Damages (2006)

In a crime of homicide, the prosecution failed to present any receipt to substantiate the heirs' claim for an award of actual damages, such as expenses for the wake and burial. What kind of damages may the trial court award to them and how much?

Suggested Answer:

The court may award temperate damages in the amount of twenty-five (P25,000.00) thousand pesos. Under jurisprudence, temperate damages is awarded in homicide when no sufficient proof of actual damages is offered or if the actual damages proven is less than twenty-five thousand (P25,000) (People v. Salona, G.R. No. 151251, May 19, 2004).