CRIMINAL LAW I | RPC: BOADO | ATTY.
DAPHNE DEGOMA TIN ANGUS | USC
I. INDETERMINATE SENTENCE LAW
It is a law which modified the imposition of penalties
under the RPC, and special laws.
- Minimum sentence must be served and thereupon
the convict becomes eligible for parole.
- When released sentence is served out of prison
with the supervision of a parole officer
- PURPOSE: when accused has been served the
minimum, he may be eligible of parole. Length of
sentence of parole is different and may go beyond
under certain conditions
- The full range of the penalty prescribed by law for the
II. OBJECTIVES:
To avoid the unnecessary, prolonged imprisonment of
convicts which may result in economic wastefulness.
III. THE NEED TO SPECIFY THE MINIMUM AND MAXIMUM
PERIODS:
To prevent the unnecessary and excessive deprivation
of liberty and to enhance the economic usefulness of the
accused.
Requirement of ISL: Mandatory within the legal range of
the penalty specified by the law (Bacar v. de Guzman)
IV. EXCEPTIONS TO ISL:
1. Offenses punished by death or life imprisonment
2. Convicted of Treason, conspiracy or proposal to
commit treason
3. Misprision of treason
4. Piracy
5. Habitual delinquents PAROLE
a. Recidivists are Minimum sentence must be
entitled to ISL served
6. Escaped from Benefit granted by law
confinement/Evaded (esp. ISL)
sentence/violators of
conditional pardon
7. Those whose maximum period of imprisonment
does not exceed 1 year
a. ISL applies even if the penalty is a result
of plea bargaining
8. Already serving final judgment upon approval of
the ISL
V. HOW DOES THE LAW OPERATE:
1. Must state: Within the range of ___ as minimum
and within the range of ___ as maximum.
Necessary because of accessory penalties
2. Max period determined in the presence of
modifying circumstances applying Article 64.
Privileged mitigating must first be considered
before applying the law.
3. Minimum: fixed at 1 degree lower within the whole
range of the next lower penalty; not necessarily in
the same period as the maximum penalty
VI. RULES GOVERNING COMPUTATIONOF PENALTY (ISL):
- Articles 46, 48, 50 to 57, 61, 62, 64, 65, 68, 69,
and 71
- However, Articles 50 to 57, 62, 64, and 65 are not
applicable in fixing the minimum period
- The court has unqualified discretion to fix the term
of the minimum of indeterminate penalty
o Limitation: It is within the range of the
penalty lower to that prescribed by RPC,
without regards to their periods.
VII. BASIS OF PENALTY NEXT LOWER PRESCRIBED BY
RPC:
Shall be based on the penalty prescribed by the RPC for
the offense without first considering the any modifying
circumstance attendant to the commission.
- Maximum : Considering the attending
circumstances
- Minimum : Left by the sound discretion of the court
VIII. WHEN PENALTY IS ORIGINALLY EXEMPT FROM ISL,
AFTER LOWERINGM THE PENALTY IS NOW WITHIN THE
LAW, SHALL THE LAW APPLY?
Yes. What controls is the penalty imposed not what is
imposable.
IX: CRIME: COMPLEX, HOW IS THE PENALTY NEXT LOWER
IN DEGREE BE DETERMINED?
offense, not merely the imposable penalty because of its
complex nature, should, a priori, be considered.
X: WHEN SHOULD A STRAIGHT PENA,TY BE IMPOSED
UPON THE ACCUSED?
Offenses: Treason, Proposal or conspiracy to commit
treason, Misprision of Treason, Rebellion, Espionage, Sedition,
Piracy
XI: PLEA BARGAINING; IS ISL APPLICABLE?
Yes. Plea bargaining is authorized by the Rules and is
required to be considered at pre-trial conference.
- The penalty to be imposed having been agreed
among the parties, and approved by the trial court, that
downgrade offense and its lower penalty shall control the
adjudgment of any further proceedings before the court.
XII: DANGEROUS DRUGS ACT; IS ISL APPLICABLE?
Yes, as long as the penalty to be imposed is not death
or life imprisonment.
PARDON
Service is not requied for XIII. PAROLE AND PARDON
the grant thereof
Exercise of power of the
President under the PROBATION LAW
Constitution I. NATURE AND BENEFIT:
A privilege; cannot extend
expressly to those excluded. It is an act of grace and clemency
conferred by the State which may be granted by the court to a
deserving defendant.
II. CONDITIONS:
Mandatory:
1. Report to designated probation officer within
72 hours after receipt of the order
2. Report periodically at least once a month or
sooner.
Discretionary:
Court may impose; must be constructive & not unduly
restrictive.
II. OBJECTIVES:
1. Promote correction and rehabilitation of the
offender by giving him individualized treatment
2. Provide a better opportunity for the penitent
offender to reform
3. Prevent further commission of crimes as he is
placed under the supervision of probation officer
4. Decongest jails
5. Save the government funds
III. PROBATIONABLE PENALTY:
Penalty imposed must not exceed 6 years (Prision
correcional)
IV. WHO ARE DISQUALIFIED
1. Sentenced more than 6 years
2. Convicted of subversion
3. Previously convicted (not less than arresto menor)
4. Granted probation
5. Already serving sentence upon effectivity of the
law
6. Perfected an appeal (appeal and probation are
mutually exclusive)
CRIMINAL LAW I | RPC: BOADO | ATTY. DAPHNE DEGOMA TIN ANGUS | USC

V. APPEAL ON CONVICTION, IS HE STILL QUALIFIED FOR Anytime, convict has recovered:

PROBATION? Sentence shall be executed, UNLESS penalty has
No. Sec. 4 of the law is clear that No application for probation prescribed
shall be entered or granted if the defendant has perfected the
appeal from the judgment of conviction. ART. 80 SUSPENSION OF MINORITY

VI. WHEN SHALL THE APPLICATION FOR PROBATION BE 1. P.D. 603

FILED? Article 192. Suspension of Sentence and Commitment
Within in the period for perfecting an appeal (15 days). of Youthful Offender. - If after hearing the evidence in the proper
The law simply does not allow probation AFTER an appeal has proceedings, the court should find that the youthful offender has
been perfected for appeal and probation are mutually exclusive committed the acts charged against him the court shall
remedies. determine the imposable penalty, including any civil liability
chargeable against him. However, instead of pronouncing
VI. SHOULD MULTIPLE TERMS IN ONE DECISION, BE judgment of conviction, the court shall suspend all further
ADDED UP FOR THE PURPOSE OF PROBATION? proceedings and shall commit such minor to the custody or care
No. Multiple prison terms are distinct from each other. of the Department of Social Welfare, or to any training
- If none of the terms exceed 6 years, he is entitled institution operated by the government, or duly licensed
to probation, UNLESS otherwise specifically agencies or any other responsible person, until he shall have
disqualified. reached twenty-one years of age or, for a shorter period as the
- Number of offenses is immaterial as long as the court may deem proper, after considering the reports and
penalties imposed, TAKEN SEPARATELY, are within recommendations of the Department of Social Welfare or the
the probationable period. agency or responsible individual under whose care he has been
committed.
VII. PREVIOUS The youthful offender shall be subject to visitation and
(Sec 9) Refers to conviction, not the commission of the supervision by a representative of the Department of Social
offense. Welfare or any duly licensed agency or such other officer as the
Court may designate subject to such conditions as it may
VIII. PROBATION AND ISL prescribe.
PROBATION ISL 2. R.A. 9344
Must not be more Max period must be SEC. 38. Automatic Suspension of Sentence. - Once the
Sentence child who is under eighteen (18) years of age at the time of the
than 6 years more than 1 year
Imprisonment or commission of the offense is found guilty of the offense charged,
Penalty Imprisonment only the court shall determine and ascertain any civil liability which
fine
Dispositio Sentence is Minimum to be may have resulted from the offense committed. However,
n suspended served instead of pronouncing the judgment of conviction, the court
Entire sentence Unexpired portion shall place the child in conflict with the law under suspended
Violation sentence, without need of application: Provided, however, That
shall be served shall be served
No effect on the suspension of sentence shall still be applied even if the juvenile
Appeal Forcloses probation is already eighteen years (18) of age or more at the time of the
operation of ISL
pronouncement of his/her guilt.
Every time as long as
Upon suspension of sentence and after considering the
Availability Only once offender is not
various chcumstances of the child, the court shall impose the
disqualified
appropriate disposition measures as provided in the Supreme
A privilege; convict Mandatory; convict
Nature Court Rule on Juveniles in Conflict with the Law.
must apply for it need not apply for it
EXCECUTION AND SERVICE OF PENALTIES

Section 1. General Provisions Section Two. Execution of Principal Penalties

I. WHEN AND HOW A PENALTY IS TO BE IMPOSED (ART.
78)
When: By virtue of a final judgment
How:
1. Form as Prescribed by law
2. Circumstances as expressly authorized thereby
Special regulations (govt institutions) shall be:
- Observed with regards to the character
- Time of its performance
- Other incidents connected (relations, relief, and
diet)
Regulations shall make provisions:
- Separation of the sexes (diff. institutions or diff
departments)
- For the Correction and Reform
II. SUSPENSION OF THE EXECUTION AND SERVICE OF THE
PENALTIES IN CASE OF INSANITY: (ART. 79)
SUPSENDED WHEN:
- After final sentence has pronounced (only with
regard to the personal penalty.)
- Imbecility or insanity occurs while the convict is
serving his sentence
WHEN AND HOW THE DEATH PENALTY IS TO BE
EXECUTED. (ART. 81)
- With preference to other penalty
- By Lethal injection
- Director of Bureau of Corrections:
o Under its authority
o Shall ensure that the lethal injection to be
administered is sufficient to cause the
instantaneous death
- Authorized Physician:
o Officially pronounce convicts death
o Certify in the records of the Bureau of
Corrections
- Death sentence shall be carried out:
o Not earlier than 1 YEAR
o Not later than 18 MONTHS
o After judgment has been final and
executor
o Without prejudice to the exercise by the
President of his executive clemency power
at all times
NOTIFICATION AND EXECUTION OF THE SENTENCE AND
ASSISTANCE TO THE CULPRIT: (ART. 82)
- Court shall designate a working day for execution
- Not be communicated to the offender before
SUNRISE OF SAID DAY
CRIMINAL LAW I | RPC: BOADO | ATTY. DAPHNE DEGOMA
- Shall not take place after the expiration of at least
8 HOURS following the notification, but BEFORE
SUNSET
- During the interval, the culprit shall be furnished
such assistance as he may request by:
o Priests/Ministers
o Lawyers :
To make a will
o Confer with family members
Management of business
Administration of property
Care of descendants
SUSPENSION OF THE EXECUTION OF THE DEATH
SENTENCE (ART. 83)
Automatic reprieve: Upon a pregnant woman (w/in or after 1
year of delivery)
Automatic commutation: Over 70 years of age.
o Sentence shall be commuted to reclusion
perpetua with the accessory penalties (Art
40)
Needed vote of SC: Majority (Sec. 22 RA 7659)
In all cases where death penalty has become final, records shall
be forwarded
immediately by the SC to the President for POSSIBLE PARDON.
(Sec. 25, RA 7659)
PLACE OF EXECUTION AND PERSONS WHO MAY WITNESS
THE SAME. (ART. 84)
- PLACE: Penitentiary or Bilibid, closed to the public
view
- PERSONS WHO MAY WITNESS:
o Priests
o Lawyers
o Relatives not exceeding 6, or if he so
requests
o Physician
o Necessary personnel of the penal
establishment, and
o Persons as the Director of Prisons may
authorize
PROVISION RELATIVE TO THE CORPSE OF THE PERSON
EXECUTED AND ITS BURIAL. (ART. 85)
UNLESS CLAIMED BY HIS FAMILY, The corpse shall be turned over
to the institute of learning or scientific research first applying for
it, for the purpose of study or investigation
PROVIDED, The institute shall take charge of the decent burial
OTHERWISE, Director of Prisons shall order the granting
permission to be present thereat to the members of the family
of the culprit and the friends of the latter
* When a person legally executed is buried with pomp shall
commit a crime under Art. 153 (Public Disorder)
RECLUSION PERPETUA, RECLUSION TEMPORAL, PRISION
MAYOR, PRISION CORRECIONAL AND ARRESTO MAYOR
(ART. 86)
Shall be executed and served in places and penal
establishments provided by the Admin Code in force or which
may be provided by law in the future.
DESTIERRO
- not permitted to enter on places designated in the
sentence
- nor the radius specified:
o not more than 250km
o not less than 25km
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Violation of limitation of distance: considered evasion
ARRESTO MENOR
- served in municipal jail, or
- house of defendant under surveillance of an officer
- shall consider offenders:
o health
o other reasons which may seem
satisfactory
EXTINCTION OF CRIMINAL LIABILITY
Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY
HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED:
- Death of convict
- Service of the sentence
- Amnesty
- Absolute pardon
- Prescription of crime
- Prescription of penalty and
- Marriage of the offended woman
WHAT IS THE EFFECT OF DEATH OF THE OFFENDER ON
HIS CRIMINAL AND CIVIL LIABILITIES?
- Extinguishes criminal liability at any stage of the
proceeding
- Civil liability shall be extinguished if death occurs
BEFORE final judgment
Reason: Penalty requires personal service of sentence
WHAT IS THE FINAL JUDGMENT IN PAR. 1 ART. 89?
- Judgment beyond recall
- As long as judgment has not become executor, it
cannot be truthfully said that the accused is
definitely guilty of the felony
WHAT ARE THE EFFECTS OF PARDON BY THE OFFENDED
PARTY?
- CRIMINAL liability: not extinguished
- CIVIL liability: extinguished by EXPRESS WAIVER of
the offended
- Exception: Valid Marriage (art. 266-C & 344)
PARDON BY THE OFFENDED VS. PARDON BY THE
PRESIDENT
1. Pardon by the President
- extinguishes criminal liability but not civil
- pardon given after final judgment
2. Pardon by the offended party
- does not extinguished except by valid marriage
- can waive civil liability
- pardon given prior to the institution of the criminal
case to be effective
- Art. 266-C : now allows pardon after final judgment
by the valid marriage
LIMITATIONS ON THE PARDONING POWER OF THE CHIEF
EXECUTIVE
1. Power be exercised after final conviction
2. Power does not extend to cases of impeachment
WHEN JUDGMENT OF CONVTION BECOMES FINAL
1. No appeal is seasonably perfected
2. Accused commences to serve the sentence
3. Right to appeal is expressly waived in writing
4. Accused applies for probation
WHAT IS THE EFFECT OF THE APPEAL ON THE POWER OF
THE PRESIDENT TO EXTEND PARDON?
The president could, at any time and even without the
knowledge of the court, extend executive clemency to anyone
CRIMINAL LAW I | RPC: BOADO | ATTY. DAPHNE DEGOMA TIN ANGUS | USC
whom he in good faith or otherwise believes to merit CAN BRIEF TRIPS ABROAD QUALIFY ABSENCE IN ART.
presidential mercy. 91?
The risk not only of a failure of justice but also a No.
frustration of administration of justice in view of the derogation
of the jurisdiction of the trial or appellate court. WHAT IS PRESCRIPTION OF PENALTY?
- Loss of the right of the State to enforce the
AMNESTY sentence imposed on the convict by the lapse of
- Requires congressional action. time
- An act of grace, which relives the offender not only - Becomes operative when convict escapes
from suffering the penalty but obliterates the detention
effects of the conviction as if the act were not
criminal. WHAT ARE THE PRESCRIPTIVE PERIOD OF FELONIES (ART.
- Usually given to political offenders 92)
Reclusion perpetua - 20 years
AMNESTY AND ABSOLUTE PARDON Other afflictive penalties - 15 years
Correctional penalties (exp. Ama) -
AMNESTY PARDON 10 years
Generally to Generally to Arresto mayor - 5 years
1. Application political crimes and ordinary crimes Light penalties - 1 year
offenders and offenders
Obliterates the Relieves the HOW IS THE RUNNING OF THE PERIOD OF PRESCRIPTION
effects of offender of the OF PENALTY COMMENCED? TOLLED?
2. Effect conviction as if the penalty but not the Presciption begins when:
act were not effects of - the convict evades service of sentence by
criminal conviction escaping during the term of his sentence
Concurrence Concurrence not
3. Congress Tolling period occurs when the convict:
required needed
Even before After final - gives himself up
4. When Given - is captured
conviction conviction
Usually a class of - goes to another country which PH has no
5. Beneficiary Specific individual extradition treaty
persons
Public act of the - commits another crime before the expiration of the
Private act of the period of prescription
president; courts
6. Nature President; no
must take judicial
judicial notice CHAPTER TWO
notice
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
IS NOVATION A MEANS OF EXTINGUISHING CRIMINAL
CAUSES OF PARTIAL EXTINCTION OF CRIMINAL
LIABILITY?
LIABILITIES: (ART. 94)
No. It may prevent the rise of criminal liability as long
as it occurs prior to the filing of the criminal information in court.
1. Conditional Pardon
2. Commutation of sentence
PRESCRIPTION OF CRIME
3. Good conduct allowance
WHAT ARE THE LAW ON PRESCRIPTION OF CRIMES
- Article 90 and 91
In addition
- Act. 3326 (Special Laws)
o Governs in violation of R.A. 3019
1. Parole under ISL
WHAT IS PRESCRIPTION OF CRIME?
2. Probation under PD 968
- Refers to the loss of the right of the State to
3. Partial repeal of penal law
prosecute.
- Not waivable
OBLIGATION INCURRED BY A PERSON GRANTED
- Basis: higher penalty if several were imposed
CONDITIONAL PARDON (ART. 95)
- any person granted with conditional pardon shall
WHEN DOES THE PERIOD OF PRESCRIPTION START TO
comply strictly with the condition
RUN?
- Otherwise, shall result to revocation of the pardon
- From the discovery of the crime by the offended or
Art. 159 shall apply to him or meted an additional
the authorities or their agents.
penalty if the penalty remitted is less than six
years
WHAT CAUSES THE INTERRUPTION AND THE
RESUMPTION OF THE RUNNING OF THE PERIOD
REQUISITES OF CONDITIONAL PARDON
1. Interruption by the filing of complaint or information
1. Given after final judgment
or when the offender is out of the country
2. Must be accepted
2. Resumption when the proceedings are terminated
without acquittal or conviction for reasons not
NATURE AND EFFECTS OF CONDITIONAL PARDON
attributable to the offender
Nature:
Contract between the Chief Executive and the
WHAT IS THE EFFECT OF THE DELAY IN THE REPORTING
convicted criminal
OF CRIMES TO ITS PROSECUTION?
Effect:
- None. The law on prescription would be
The former will release the latter subject to the
meaningless if the proposition that delay in the
condition that if he does not comply with the terms of the
prosecution of crimes would be fatal to the State
pardon, he will be recommitted to prison to serve the unexpired
and the offended party
portion of the sentence or and additional one
WHO IS THE OFFENDED PARTY IN ART. 91?
IS THE GRANT OF PARDON SUBJECT TO JUDICIAL REVIEW?
The person against whom or against whose property
- No. The exercise of presidential judgment is beyond scrutiny
the offense was committed Sec. 12, Rule 110 RRCP
CRIMINAL LAW I | RPC: BOADO | ATTY. DAPHNE DEGOMA
IS THE PETITION FOR WRIT OF HABEAS CORPUS THE
REMEDY FOR A PERSON INCARCERATED FOR VIOLATION
OF CONDITIONAL PARDON?
- No. Habeas corpus lies only where the restraint of
a persons liberty has been judicially adjudged as
illegal or unlawful.
- Courts have no authority to interfere with the grant
by the President of a pardon to a convicted
criminal
EFFECTS OF CONDITIONAL PARDON ON CIVIL LIABILITY:
- Does not extinguish civil liability arising from crime
WHO DETERMINES IF THERE IS A VIOLATION OF
CONDITIONAL PARDON?
- The President solely
EFFECTS OF COMMUTATION OF SENTENCE (art. 96):
Commutation of original sentence for another one have
the effect of substituting the latter in the place of the former
ALLOWANCE FOR GOOD CONDUCT (ART. 97):
- First 2 years deduction of five days for each
month of good behavior
- 3rd to 5th year 8 days
- 6th 10th year 10 days
- 11th and successive years 15 days
WHO GRANTS TIME ALLOWANCES (ART. 98):
- DIRECTOR OF PRISONS
- Once granted, cannot be revoked
IN WHAT INSTANCES CAN A CONVICT BE RELEASED
BEFORE HE SERVES THE FULL TERM OF HIS SENTENCE?
Either:
- due to good conduct allowances, or
- approval of convicts application for parole
REQUISITES WHEN SPECIAL TIME ALLOWANCE IS GIVEN:
1. Occurrence of disorder resulting from a catastrophe
which convict di not participate
2. Convict must evade the service of his sentence by
leaving the prison (Condition Precedent)
3. Must give himself up within 48 hours after the
announcement of the passing away of such calamity by
the Chief Executive
PREMIUM FOR THOSE WHO LEAVE AND THEREAFTER
RETURN:
1. Leaving w/o returning within the time period prescribed
1/5 additional to remaining sentence
2. Not leaving no deduction, no additional penalty
3. Leaving and returning deduction of 1/5 from his
sentence
TITLE V
CIVIL LIABILITY
Chapter One
BASIC PRINCIPLE IN CIVIL LIABILITY EX DELICTO
Every person criminally liable is also civilly liable
TWO KINDS OF ACQUITTAL AND THEIR EFFECTS ON CIVIL
LIABILITY:
1. Acquittal on the ground that accused is not the author
of the act or omission complained of.
Effect: Extinction of civil liability
2. Acquittal based on reasonable doubt
Effect: not exempt from civil liability, which may be
proved by preponderance of evidence
COMPARE THE EFFECT OF DEATH ONCIVIL LIABILITY EX-
DELICTO AND CIVIL LIABILITY BASED ON QUASI-DELICT
EX DELICTO :
Acquit accused.
QUASI-DELICT :
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Cannot be extinguished.
EFFECT OF ACQUITTAL OF THE ACCUSED IN A CRIMINAL
ACTION:
Bars civil action arising from crime where judgment of
acquittal holds that:
1. Accused id not commit the acts imputed to him;
2. Not guilty of criminal or civil negligence;
NOT BAR a civil action:
1. Acquittal based on reasonable doubt;
2. Court declared that accuseds liability is not criminal
but only civil in nature;
3. Civil liability does not arise from crime
RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES:
(ART. 101)
A. A person INSAN, IMBECILE, UNDER 9, OVER 9 but UNDER15:
1. Primary liability : person who has control over them,
unless he is without fault or negligence
2. Secondary liability : Property of the minor or insane
B. ONE WHO AVOIDED A GREATER EVIL OR INJURY:
1. Primary: One who benefited from such avoidance
C. IN IRRESISTIBLE FORCE OR UNCONTROLLABLE FEAR
1. Primary: Person employing the force
2. Secondary: person doing the act
SUBSIDIARY CIVIL LIABILITIES: (ART. 102, 103)
Who:
1. Innkeepers, Tavernkeepers, and Proprietor of
establishments
2. Employers, teachers, persons and corporations
Committed by:
1. Them or their employees
2. Their servants, pupils, workmen, apprentices, or
employees in the discharge of their duties
Liability:
1. Restitution, provided, they have notified in advance
No liability in case of robbery with violence against, or
intimidation of persons unless committed by their
employees
STATUTORY BASIS OF SUBSIDIARY CIVIL LIABILITY OF
EMPLOYERS:
ARTICLE 103
REQUIREMENTS FOR SUBSIDIARY LIABILITY OF THE
EMPLOYER:
1. Employer-employee relationship
2. Employer is engaged in some kind of industry
3. Employee is adjudged guilty of the wrongful act and
and found to have committed the offense in the
discharge of his duties
4. Employee is insolvent as shown by the non satisfaction
of the execution
5. Decision of conviction must have attained finality
NATURE OF SUBSIDIARY CIVIL LIABILITY OF THE
SECONDARILIY LIABLE:
1. Direct and Criminal
2. Subsidiary and Civl
INSTANCES WHERE EXISTENCE OF E-E RELATIONSHIP IS
DETERMINED:
1. During criminal proceeding
2. During proceeding for the execution of the Judgment
Chapter Two
WHAT CIVIL LIABILITY INCLUDES
1. Restitution
2. Reparation of the damage
3. Indemnification for consequential damages
CRIMINAL LAW I | RPC: BOADO | ATTY. DAPHNE DEGOMA
Restitution
- thing itself shall be restored even if the property is
in the possession of a third party (by lawful
means)
- Exception:
o Thing acquired by third person, which under
the law, bar an action for its recovery
Reparation
- court shall determine amount of damage
- taking to consideration the price of the thing and
tis sentimental value
Indemnification
- consequential damages suffered by:
o injured party
o his family
o third person
WHEN UNLAWFUL ACT RESULTS IN DEATH, WHAT ARE THE
CIVIL OBLIGATIONS OF THE OFFENDER?
1. Indemnity for the death of the victim of the offense
2. Indemnity for loss earning capacity of the deceased
3. Moral damages for mental anguish
4. Exemplary damages, when the crime is attended by
one or more aggravating circumstances
5. Attorneys fees and expenses of litigation
6. Interests in proper case
Alternative items of damages:
7. Actual damages supported by receipts
(hospitalization, funeral expenses); or
8. Temperate damages substitute for actual damages.
Sole fact of death damages may be increased or lessened
according to the mitigating or aggravating circumstances
LIFE EXPECTANCY COMPUTED:
LE = 2/3 X [80- age of death]
NET EARNING CAPACITY:
NEC = GEC NLE
NLE = GEC x 50% (or GAI/3)
NEC = LEC x NLE
Loss of earning capacity partake of the nature of damages
and must be proved by credible and satisfactory evidence; and
by unbiased proof
MORAL DAMAGES NOT IMPOSED ON THE CONVICT FOR
OMICIDE?
- When the victim contributed or provoked the
attack made by the accused
EXEMPLARY DAMAGES
- may be adjudged in order to deter the commission
of similar acts in the future
- designed to permit the courts to mould behavior
that has socially deleterious consequences.
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- Required by public policy to suppress the wanton
of an offender
CIVIL LIABILITY OF A PERSON CONVICTED OF THE CRIME
OF RAPE WHEN AN OFFSPRING RESULTS FROM THE
RAPE?
- indemnify the offended woman
- acknowledge the offspring, unless the law should
prevent him from doing so; and
- in every case to support the offspring
WHEN COMPULSORY ACKNOWLEDGMENT OF THE
OFFSPRING OF RAPE IS PROPER:
- when both parties are single ?
SHARE OF EACH PERSON CIVILLY LIABLE (ART. 109):
-courts shall determine the amount for which each
must respond
ART. 110
- Principals, accomplices, and accessories:
o severally (in solidum) liable among
themselves,
o subsidiarily for those of the other persons
liable
- subsidiary:
o 1st: property of principals
o 2nd: property of accomplice
o 3rd: property of accessories
- in solidum:
o person whose payment has been made shall
have a right of action against the others for
the cmount of their respective shares
ART. 111. OBLIGATION TO MAKE RESTITUION:
- Person participated gratuitously shall be bound to
make restitution in an amount equivalent to the
extend of such participation
ART. 112. EXTINCTION OF CIVIL LIABILITY:
- art. 100 103, shall be extinguished in the same
manner as obligations
ART. 113. OBLIGATION TO SATISFY CIVIL LIABILITY:
- offender shall continue to be obliged to satisfy civil
liability resulting from crime, notwithstanding the
fact that he has not been required to serve the
same by reason of amnesty, pardon, commutation
of sentence, or any other.
- Exception: Art. 100-103
EFFECT OF A DECISION IN A CRIINAL PROCESUCTION ON
THE CRIMINAL AND CIVIL LIABILITY OF THE ACCUSED:
- a decision in such case disposes of both the
criminal as well as the civil liabilities of an
accused.