Professional Documents
Culture Documents
primarily devolve upon perosns having legal authority or control over him, if at fault or
negligent (except if proven that they acted w/o fault or w/ due diligence)
2.
if no fault or negligence, or even w/ fault but is 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.
3.
Those who benefited by the act and court shall determine the proportionate amount for which
each shall be liable. If the government or majority of the inhabitants are liable, such will be
determined by special laws or regulations.
Art. 102.
Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of
establishments. In default of the persons criminally liable, innkeepers, tavernkeepers, and
any other persons or corporations shall be civilly liable for crimes committed in their
establishments, in all cases where a violation of municipal ordinances or some general or
special police regulation shall have been committed by them or their employees.
Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft
within their houses from guests lodging therein, or for the payment of the value thereof,
provided that such guests shall have notified in advance the innkeeper himself, or the person
representing him, of the deposit of such goods within the inn; and shall furthermore have
followed the directions which such innkeeper or his representative may have given them with
respect to the care and vigilance over such goods. No liability shall attach in case of robbery
with violence against or intimidation of persons unless committed by the innkeepers
employees.
Elements of Par 1:
1.
That the innkeeper of the establishment or his employee committed a violation of municipal
ordinance or some general or special police regulation
2.
A crime is committed in such establishment
3.
Person criminally liable is insolvent
when all these are present, the innkeeper and the like are subsidiarily liable
Elements of Par 2:
1.
2.
guests notified in advance the innkeeper of the deposit of such goods w/in the inn
guests followed the directions of the innkeeper w/ respect to the care and vigilance over the
such goods
3. such goods of the guest lodging therein were taken by robbery w/ force upon things or theft
Art. 103.
Subsidiary civil liability of other persons. The subsidiary liability
established in the next
preceding article shall also apply to employers, teachers, persons, and corporations engaged
in any kind of industry for felonies committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their duties.
Elements
1.
employer, teacher, person or corporation is engaged in any kind of industry
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
1.
any of their servants, pupils, workmen, apprentices of employees commits a felony while in the
discharge of his duties
2.
the said employee is insolvent and has not satisfied his civil liability
Hospitals are not engaged in industry; hence nit subsidiarily liable for acts of nurses
Art. 104.
PECUNIARY LIABILITIES
Same
Art. 105.
Restitution. How made. The restitution of the thing itself must be made
whenever possible, with allowance for any deterioration, or diminution of value as
determined by the court.
The thing itself shall be restored, even though it be found in the possession of a third person
who has acquired it by lawful means, saving to the latter his action against the proper person,
who may be liable to him.
This provision is not applicable in cases in which the thing has been acquired by the third
person in the manner and under the requirements which, by law, bar an action for its
recovery.
The convict cannot by way of restitution, give to the offended party a similar thing of the same
amount, kind or species and quality. The very thing should be returned.
If the property stolen while in the possession of the third party suffers deterioration due to his
fault, the court will assess the amount of the deterioration and, in addition to the return of the
property, the culprit will be ordered to pay such amount
General Rule: the owner of the property illegally taken by the offender can recover it from
whomsoever is in possession thereof. Thus, even if the property stolen was acquired by a
3rdperson by purchase w/o knowing that it has been stolen, such property will be returned to the
owner.
If the thing is acquired by a person knowing that it was stolen, then he is an accessory and
therefore criminally liable
The third party who acquired the stolen property may be reimbursed w/ the price paid
therefor if it be acquired at (a) a public sale and (b) in good faith
When the liability to return a thing arises from a contract, not from a criminal act, the court
cannot order its return in the criminal case.
Restitution may be ordered, even if accused is acquitted, provided the offense is proved and it
is shown that the thing belongs to someone else
When crime is not against property, no restitution or reparation of the thing can be done
Payment of salary of an employee during the period of suspension cannot, as a general rule, be
properly decreed by the court in a judgement of acquittal. It devolves upon the head of the
department concerned
The court has authority to order the reinstatement of the accused acquitted of a crime
punishable by the penalty of perpetual or temporary disqualification
Art. 106.
Reparation. How made. The court shall determine the amount of
damage, taking into consideration the price of the thing, whenever possible, and its special
sentimental value to the injured party, and reparation shall be made accordingly.
Notes:
Reparation shall be
a)
b)
If there is no evidence as to the value of the thing unrecovered, reparation cannot be made
Payment by the insurance company does not relive the offender of his obligation to repair the
damage caused
The damages shall be limited to those caused by the crime
Accused is liable for the damages caused as a result of the destruction of the property after
the crime was committed either because it was lost or destroyed by the accused himself or that
of any other person or as a result of any other cause or causes
Art. 107.
Indemnification What is included. Indemnification for consequential
damages shall include not only those caused the injured party, but also those suffered by his
family or by a third person by reason of the crime.
Contributory negligence on the part of the offended party reduces the civil liability of the
offender
The civil liability may be increased only if it will not required an aggravation of the decision in
the criminal case on w/c it is based
The amount of damages for death shall be at least 50,000, even though there may have been
mitigating circumstances.
In addition:
1.
payment for the loss of the earning capacity of the deceased
2.
if the deceased was obliged to give support, the recipient who is not an heir, may demand
support from the defendant
3.
the spouse, illegitimate and illegitimate descendants and ascendants of the deceased may
demand for moral damages.
6.
7.
Art. 108.
for consequential damages and actions to demand the same Upon whom it devolves. The
obligation to make restoration or reparation for damages and indemnification for
consequential damages devolves upon the heirs of the person liable.
The action to demand restoration, reparation, and indemnification likewise descends to the
heirs of the person injured.
The heirs of the person liable has no obligation if restoration is not possible and the deceased
left no property
Civil liability is possible only when the offender dies after final judgement.
If the death of the offender took place before any final judgement of conviction was rendered
against him, the action for restitution must necessarily be dismissed.
Art. 109.
Share of each person civilly liable. If there are two or more persons
civilly liable for a felony, the courts shall determine the amount for which each must respond.
In case of insolvency of the accomplices, the principal shall be subsidiarily liable for their share of
the indemnity and in case of the insolvency of the principal, the accomplices shall be subsidiarily
liable, jointly and severally liable, for the indemnity due from said principal
Art. 110.
Example: an indemnity of 100,000 has been sentenced, 50,000 will go to the principal and
20,000 to the accomplice
Art. 111.
Obligation to make restitution in certain cases. Any person who has
participated gratuitously in the proceeds of a felony shall be bound to make restitution in an
amount equivalent to the extent of such participation.
Notes:
1.
This refers to a person who has participated gratuitously in the commission of a felony and he
is bound to make restitution in an amount equivalent to the extent of such participation
2.
The third person must be innocent of the commission of the crime otherwise he would be liable
as an accessory and this article will apply
Art. 112.
102, and 103 of this Code shall be extinguished in the same manner as obligations, in
accordance with the provisions of the Civil Law.
The civil liability from any of these is extinguished by the same causes enumerated above
The accused shall still be liable for the payment of the thing stolen even if it is lost or
destroyed
Art. 113.
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 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
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.