ARTICLE 89.

(How criminal liability is totally extinguished)

Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to
pecuniary penalties, liability therefor is extinguished only when the death
of the offender occurs before final judgment
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its
effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;

1
7. By the marriage of the offended woman, as provided in Article 344 of
this Code.
*8. By final discharge through the grant of probation – by virtue of Section
3 RA 10707 (Dec 2015)

 The extinction of criminal liability does not necessarily mean the

extinction of civil liability
 Difference with JC and EC: the causes of extinction arises after the
commission of the offense, while those that justify or exempt the
offender and his acts exists either before or at the moment of the
commission of the offense

2
1. Death of the Convict
- The death of the convict, whether before or after the final
judgment of conviction extinguishes criminal liability
- Civil and Pecuniary Liabilities are extinguished only if the death
occurs before the judgment, otherwise (after) it is not
extinguished.
o As civil liabilities are only imposed after the judgment of
conviction
- General Rule (Appeal): Death of the accused pending appeal of his
conviction extinguishes his criminal and civil liability based solely
on the offense committed

3
 o The law contemplates that the judgment is beyond recall
and became executory
o Exception: The claim for civil liability survives
notwithstanding the death of the accused, if the same is
predicated on a source of obligation other than delict, such:
 Law (e.g. Physical Injuries)
 Contracts (e.g. Estafa)
 Quasi-contracts
 Quasi-delict (e.g. Negligence resulting to damage)

2. Service of the sentence

4
 - Crime is a debt incurred by the offender as a consequence of his
wrongful act and the penalty is but the amount of his debt. When
payment is made (served the sentence), the debt is extinguished
- Service of sentence does not extinguish civil liability

3. Amnesty
- It is an act of sovereign power granting oblivion or general pardon
for a past offense, and is rarely, if ever, exercised in favor of a
single individual, and is usually exerted in behalf of a certain
classes of persons, who are subject to trial but not yet convicted.
- Amnesty completely extinguishes the penalty and all its effects

5
 - Amnesty may now be granted to those classes already serving
their sentence
- While it erases all traces and vestiges of crime, it does not
extinguish civil liability

4. Pardon
- Act of grace from the executive which exempts the individual
from the punishment the law inflicts for the crime he has
committed
- Kinds: Absolute and Conditional Pardon
- Pardon must be accepted by the grantee for it to be valid and such
may no longer be revoked

6
- Distinguished from amnesty:
o Pardon includes any crimes committed by an individual;
Amnesty includes political offenses committed by classes
of persons
o Pardon is exercised only after conviction; Amnesty may be
granted even before trial
o Pardon looks forward and relieves the offender of the
consequences of his acts; Amnesty looks backward and
obliterates the offense itself
o Both do not extinguish civil liabilities

7
 o Pardon is a private act of the President; Amnesty is a
proclamation of the President with the concurrence of the
Congress

5. – 6. Prescription of crime and Prescription of penalty

- By prescription, the State and the People loses the right to
prosecute the crime or to demand service of the penalty imposed
- Prescription of the crime – loss of the right to prosecute the offender
after the lapse of a certain time

8
 - Prescription of the penalty – loss of the right to execute the final
sentence after lapse of time
o Conditions for prescription
 There be a final judgment
 Period of time prescribed by law for its
enforcement has elapsed

7. Marriage of the offender to the offended woman

- Article 344: In cases of seduction, abduction, acts of lasciviousness and
rape, the marriage of the offender with the offended party shall
extinguish the criminal action or remit the penalty already
imposed upon him.

9
 - Article 266-C: In cases of Rape, the offended woman may pardon
the offender through a subsequent valid marriage, the effect of
which would be the extinction of the offender’s liability

8. Final Discharge of the probationer

- RA 10707: The final discharge of the probationer shall operate to
restore to him all civil rights lost or suspended as a result of his
conviction and to totally extinguish his criminal liability as to the
offense for which probation was granted.

10
ARTICLE 90. (Prescription of crime)
When the penalty fixed by law is a compound one, the highest penalty
shall be made the basis of the application of the rules contained in the
first, second and third paragraphs of this article. (As amended by RA 4661,
approved June 19, 1966).

ARTICLE 92 (Prescription of Crimes)

Period of Prescription of Crimes - loss or forfeiture of the right of State to
prosecute an act prohibited by law.

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 PENALTY OF CRIMES PRESCRIPTION PERIOD
Death, Reclusion perpetua, reclusion
20 years;
temporal;
Other afflictive penalties; (PM;
15 years;
Per/TemAD; Per/TemSD)
Correctional penalties (including
10 years;
Des);
Arresto mayor; 5 years;
Libel and other similar offenses; 1 year
Oral defamation and slander by
6 months;
deed
Light felonies; 2 months
Rules

12
- In computing the period, the first day is excluded and the last day
included
- If the last day of prescription falls on a Sunday or legal holiday: the
information can no longer be filed on the next day as it already
prescribed
- When the FINE is an alternative penalty that is higher than the
penalty of imprisonment (ACL) – the prescription of the crime is
based on the FINE
- Interruption: The prescription shall be interrupted when proceedings
are instituted; it shall begin to if proceedings are dismissed for
reasons not constituting jeopardy

13
- Defense: prescription must be invoked before the pleading, if not
invoked it can no longer be raised unless the judgment is on appeal
- Lesser Offense Prescribed: if the accused was found to have committed a
lesser offense only includible within the graver offense charged, he
cannot be convicted if the lesser offense already prescribed (Serious
Physical injury  Less Serious Physical Injury)
- The court must exercise jurisdiction and not inhibit itself, holding that
the action already prescribed and ACQUIT the defendant
- Special Laws and ordinances: Prescription shall begin to from the day
of the commission of the offense or from the discovery: the filing of
complaint before public prosecutor or proper court shall interrupt the
running of prescriptive period.

14
ARTICLE 91. (Computation of prescription of offenses)
Outline:
1. The period of prescription shall commence to run from the day on
which the crime is discovered by (1) the offended party, (2) the
authorities, or (3) their agents.
o It shall only apply if the crime was concealed or was
unknown, otherwise it shall commence at the time of its
commission
o Discovery of the crime: the fact that the culprit was unknown
will not prevent the commencement of period of
prescription

15
 o If the discovery of the crime was by a third person not
included in the enumeration, and did not report the crime,
the said discovery shall not be the starting point of the
prescription
2. Shall be interrupted by the filing of the complaint or
information
o Filing of complaint with the prosecutor’s office;
preliminary investigation of the municipal president in the
absence of the justice of peace; complaint in the municipal
court

16
 o The complaint or information that will interrupt the
prescription must be the proper information or complaint
corresponding to the offense
o If the court where the information was filed with has no
territorial jurisdiction, the prescription shall also be
interrupted
3. Shall commence to run again when such proceedings terminate
without the accused being convicted or acquitted, or are
unjustifiably stopped for any reason not imputable to him.
(termination that is final)

17
 o If the proceeding was terminated without the accused
being convicted nor acquitted, the period for prescription
shall commence again
o If the case was dismissed, the offender cannot be
prosecuted anymore of the same offense , even within the
prescriptive period, on the ground of double jeopardy
o If the proceedings are stopped for a reason imputable to
the accused, the prescription does not commence to run
again
4. The term of prescription shall not run when the offender is
absent from the Philippine Archipelago.

18
o If the accused left the country and returned after several
years, the prescription did not commence during the
discovery and his absence

19
The following do not follow the Article 91
- Continuing crimes: Period shall start to run only at termination of
intended results
- Crimes against false testimonies: Period shall run from the day of
final judgment is rendered convicting the act of false testimony
not when it is made
Election offenses: If the discovery of the offense is incidental to judicial
proceedings in election contest, prescription begins when such
proceedings terminate; from date of commission

20
21
ARTICLE 93 (Computation of the prescription of penalties)
Outline
1. The period of prescription of penalties shall commence to run
from the date when the culprit should evade the service of his
sentence
o Evasion of service is a crime itself but may not be
considered in the purview of 2d; because such is a
requisite in the prescription of penalties and must
necessarily occur before the running of prescriptive period
2. It shall be interrupted if the defendant should
a. give himself up, surrenders
b. be captured,

22
 c. should go to some foreign country with which PH has no
extradition treaty, or
d. should commit another crime before the expiration of the
period of prescription.
 If the convict escaped from prison and committed
another crime before the expiration of the
prescriptive period; he shall made to serve the
remaining period of his sentence
The period for prescription of penalties shall commence to run
again when the convict escapes again, after having been captured
and returned to prison

23
ELEMENTS
1. Penalty imposed is by final judgment
2. Evaded service by escaping during serving his sentence
o Evasion presupposes escaping during the service of the
sentence consisting deprivation of liberty
3. The escaped convict has not given himself up, been captured,
gone to a foreign country….
4. The penalty prescribed, because of the lapse of time from date of
evasion of the service
o If the accused convicted of PC, escaped and remained at
large for the first time for 5 years; and again after his
rearrest for another 6 years; if he is recaptured again, he

24
 cannot be required to serve the remaining portion of his
sentence because the penalty prescribes sin 10 years and
evaded service for 11 years

 If the accused was never placed in confinement, the period of

prescription never started to run in his favor
 Reason why evasion is in favor of the accused: During the prescriptive
period and while being an escaped convict, the convict is living a life
of a hunted animal, in hiding, and in constant fear of getting caught;
voluntarily punished and self-imposed banishment, voluntary exile is
more grievous than the sentence he was trying to avoid.

25
 o All the time and efforts he has to effort to outwit the
Government agencies bent on his recapture; the government
extends to him a sort of condonation or amnesty

Prescriptive Period of Penalty – loss of the right of the State to execute

the sentence.
PENALTY PRESCRIPTION PERIOD
Death, Reclusion perpetua; 20 years;
Afflictive penalties; 15 years;
Correctional penalties; 10 years;
Arresto mayor; 5 years;
Light penalties; 1 year
PRESCRIPTION OF CRIMES  Loss of right to prosecute;

26
 Discovery of the commission
of the crime.
 Mere absence from the
Philippines interrupt pres;
 Commission of another crime
before the expiration of the
prescriptive period does not
interrupt prescription.
PRESCRIPTION OF PENALTY
ARTICLE 94. (Partial Extinction of criminal liability)
27
 Loss of right to enforce final
judgment;
 Upon the escape or evasion
of service of sentence.
 Absence from the Philippines
interrupts when theforeign
country without an
extradition treaty
 Commission of another crime
before the expiration of the
period interrupts the
prescription
Criminal liability is extinguished partially:
1. By conditional pardon;
- Refers to the exemption of an individual, within certain limits or
conditions, from the punishment which the law inflicts for the
offense he had committed resulting in the partial extinction of his
criminal liability
- Delivered and accepted conditional pardon given by the executive
that the former will release the latter upon compliance with the
condition
o Usual condition: that he shall not again violate any penal
laws of the Philippines
2. By commutation of the sentence; and

28
 - Refers to the reduction of the duration of a prison sentence of a
prisoner
- Change of the decision of the court made by the Chief Executive
by reducing the degree of the penalty inflicted upon the convict,
or by decreasing the length of the imprisonment or the amount of
the fine
- In commutation of sentence, consent of the offender is not
necessary. The public welfare, and not his consent, determines
what shall be done.
3. For good conduct allowances which the culprit may earn while he is
serving his sentence.

29
 - Article 97: allowances for good conduct are deductions from the
term of the sentence for good behavior
*4. Parole granted to a convict by the Board of Pardons and Parole should
be added.
- A parole may be granted to a prisoner after serving the minimum
penalty under ISLAW
- It is the conditional release of an offender from a correctional
institution; suspension of the sentence of a convict
- Distinguished from Cond Pardon: CP may be given at any time after
final judgment; Parole only after serving the minimum term of the
penalty. CP may be ordered to be rearrested for violation of

30
 conditions by the President; Parole, rearrested to serve the
unserved portion of original penalty

Other modes for partially extinguishing criminal liability

- Conditional Pardon (Article 89); Commutation of Sentence
(Article 89); GCTA (RA 10592), Special Time Allowance for
Loyalty (Article 98); Parole under ISLAW; Retroactive laws
favorable to the accused

31
ARTICLE 95 (Obligation incurred by person granted conditional pardon)
Outline
1. Any person who has been granted conditional pardon shall incur the
obligation of complying strictly with the conditions imposed therein
2.
2. Otherwise, his non-compliance with any of the conditions specified
shall result in the revocation of the pardon
3. He becomes liable under the provisions of Article 159. This is the
judicial remedy.

 Condition of pardon is limited to the unserved portion of the

sentence, unless an intention to extend it beyond that time is manifest

32
 o That is he must do the usual condition that he should not
commit any crime in the future until the end of his unserved
sentence; otherwise he is liable for violation of the CP

ARTICLE 96 (Effect of commutation of sentence)

The commutation of the original sentence for another of a different length
and nature shall have the legal effect of substituting the latter in the place
of the former

33
ARTICLE 97 (Allowance for good conduct)
The good conduct of any prisoner in any penal institution shall entitle
him to the following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a
deduction of five days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he
shall be allowed a deduction of eight days for each month of good
behavior;
3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of ten days for each
month of good behavior; and

34
4. During the eleventh and successive years of his imprisonment, he shall
be allowed a deduction of fifteen days for each month of good behavior.

 The good time allowance is only applicable to prisoners serving

sentence, therefore not applied to those only deprived of partial
liberty, on parole, CP, etc.

Amendments by RA 10592
1. Allowance for good conduct also granted to detention prisoners
- The evaluation of their petition for parole or executive clemency
here eligibility depends on the period of time served, the release
of a detention of a detention prisoner is correspondingly delayed

35
 for a period equal to the good time allowance he could have
earned

2. Increase of deduction from period of sentence

PERIOD OF IMPRISONMENT DEDUCTION
20 days for each month of good
First 2 years;
behavior during detention;
3rd to 5th year, inclusive, of his
23 days for each month …
imprisonment;
th th
6 to 10 year, of his imprisonment; 25 days for each month …
11th and successive years of his
30 days for each month …
Imprisonment;
At any time during the period of Another deduction of 15 days, in

36
 addition to numbers one to four
hereof for each month of
imprisonment;
service time rendered for:
Study; Teaching; Mentoring
3. Effect of an appeal
- An appeal shall not deprive him of entitlement to the above
allowances

37
ARTICLE 98 (Special time allowance for loyalty)
Outline
1. A deduction of one fifth of the period of his sentence shall be
granted to any prisoner who, having evaded his preventive
imprisonment or the service of his sentence under the
circumstances mentioned in Article 158 of this Code, gives
himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of the
calamity or catastrophe referred to in said article.
2. A deduction of two-fifths of the period of his sentence shall be
granted in case said prisoner chose to stay in the place of his

38
 confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.
 The deduction is based on the original sentence and not the unexpired
portion of the original sentence
 The case only applies to cases where there is a deprivation of liberty;
to all prisoners whether undergoing PI or serving sentence

39
ARTICLE 158 ELEMENTS:
1. That the offender is a convict by final judgment who is confined in a
penal institution.
2. That there is a disorder resulting from –
a. Conflagration
b. Earthquake
c. Explosion
d. Similar catastrophe
e. Mutiny in which he has not participated
3. That the offender evades the service of his sentence by leaving the
penal institution where he is confined, on the occasion of such
disorder or during the mutiny.

40
4. That the offender fails to give himself up to the authorities within
48 hours following the issuance of a proclamation by the Chief
Executive announcing the passing away of such calamity.
o This provides for increased penalty of 1/5 of the time still
remaining to be served and not to exceed 6 months, if he fails
to give himself up to the authorities within 48 hours following
the proclamation of the passing of such calamity

41
ARTICLE 99 (Who grants time allowances)
Whenever lawfully justified, the Director of the Bureau of Corrections,
the Chief of the Bureau of Jail Management and Penology and/or the Warden of
a provincial, district, municipal or city jail shall grant allowances for good
conduct. Such allowances once granted shall not be revoked.
 Prior to the amendment, only the Director of Bureau of Corrections
was allowed to grant time allowance; the additional persons seeks to
fast-track the application and grant of GCTA

The allowance is not an automatic right but must be granted, and once
granted cannot be revoked

42
43
ARTICLE 100 (Civil liability of a person guilty of felony)
Every person criminally liable for a felony is also civilly liable: social
injury and personal injury

Basis (Character of crime)

1. Offense against the State because of the disturbance of social order
2. Offense against the private person injured by the crime unless it
involves a crime of treason, rebellion, espionage contempt and
others wherein there is no civil liability arises on part of the
offender either because
a. There are no damages to be compensated
b. There is no private person injured by the crime

44
 It is the obligation of everyone to repair or to make whole the damage
caused to another by reason of his act or omission, whether
intentionally or negligently and whether ornot punishable by law
 General Rule: Every person criminally liable is also civilly liable
o Exception: If the felony committed could not or did not cause
any damage to another, the offender is not civil liable even if
he is criminally liable

Kinds of damages
1. Crimes against property: damages based on the price of the thing
and its special sentimental value, if the the thing cannot be
restored

45
2. Crimes against persons: entitled to be paid for whatever spent for
the treatment, doctor’s fees, medicine, salaries or wages unearned
by virtue of his inability to work
3. Personal injuries: damages for loss or impairment of earning
capacitry
4. Moral damages: in crimes of physical injuries; seduction, abduction,
rape, acts of lasciviousness, adultery or concubinage; illegal or
arbitrary detention or arrest, illegal search; libel, slander or any
other form of defamation, and in malicious prosecution
5. Exemplary damages: whenever the crime was committed with one
or more AC

46
Acquittal or Dismissal of the criminal case
- CrimPro provides that the extinction of penal action does not
carry with it the extinction of the civil.
o However, the civil action based on DELICT shall be
deemed extinguished if there is a finding in the final
judgment that the act from which the civil liability may
arise did not exist
o The dismissal of the criminal action does not affect the
right of the offended party to institute or continue the civil
action as the civil case may be proved by mere
preponderance of evidence

47
Article 89: General Rule (Appeal): Death of the accused pending appeal of
his conviction extinguishes his criminal and civil liability based solely on
the offense committed
o Only criminal liability including the FINE, but not the civil, of
the accused is extinguished by his death if it is the exception???
o Exception: The claim for civil liability survives notwithstanding
the death of the accused, if the same is predicated on a source of
obligation other than delict, such:
 Law (e.g. Physical Injuries)
 Contracts (e.g. Estafa)
 Quasi-contracts
 Quasi-delict (e.g. Negligence resulting to damage)

48
Civil Liability may still exists if:
- Acquittal beyond reasonable doubt: the offended party may still
institute a separate civil action or the court may in its judgment of
acquittal the award for damages
- Acquittal from a cause of non-imputability: in cases where the
offender is an insane or imbecile; a minor who acted without
discernment; or a person under the impulse of irresistible force or
uncontrollable fear. These are exempt from criminal liability but
not from civil one
- Acquittal states liability is not criminal but civil: breach of contract
- Civil liability arise not from the crime: Other sources of obligation

49
Independent Civil Action
- When a criminal action is instituted, the civil action for recovery of
damages shall be deemed instituted unless the offended party [WRI]:
o Waives the civil action
o Reserves the right to institute it separately (Necessary): he
loses his right to intervene in the prosecution of criminal case,
that is move for reconsideration or appeal the decision. No
longer have any standing in the case.
 In cases of Article 32 (NCC): Violation of the rights or
liberty of a person
 In cases of defamation, fraud, and physical injuries

50
  In cases of refusal or failure of police force to render
aid or protection
 Quasi-delict
o Institutes the civil action prior to the criminal action
- The complainant may appeal with respect only to the civil action;
the right to appeal or not is dependent upon the other
- Suspended: When the criminal action has commenced, separate
civil action cannot be instituted until the final judgment has been
rendered
o When the civil action has been filed prior the criminal action, the
civil action shall be suspended in whatever stage it may be and
shall resume only after final judgment has been rendered

51
- A final judgment rendered absolving the defendant from civil
liability is not a bar to criminal action arising from the same act
- The rule does not apply (suspension) when the civil case is based on
law, contract, quasi-delict, and quasi-contracts

 Allegations of damages in information not necessary, provided the

offended party has not expressly waived such liability or reserved his
right to institute it to a later date
 Civil liability of the accused extends in favor of persons not
mentioned in the information, unless the offended party [WR], such
party’s rights to civil liability arising from the offense is impliedly
included in the criminal action

52
PREJUDICIAL QUESTION
- One which arises in a case, the resolution of which is a logical
antecedent of the issue involved in said case, and cognizance of
which pertains to another tribunal
- It is based on a fact distinct and separate from the crime but so
intimately connected with it that it determines the guilt or
innocence of the accused
Elements
1. The prejudicial question must be determinative of the case before
the court
2. Jurisdiction to try said question must be lodged in another
tribunal

53
ARTICLE 101 (Rules regarding civil liability in certain cases)
The exemption from criminal liability established in subdivisions 1, 2, 3, 5
and 6 of Article 12 [Insane Or Imbecile, Minor, Uncontrollable Fear Or
Irresistible Force] and in subdivision 4 of Article 11 [Avoidance of greater
evil] of this Code does not include exemption from civil liability, which
shall be enforced subject to the following rules:

RULES
1. The civil liability for acts committed by an imbecile, insane or a
minor exempt from criminal liability shall devolve upon the
persons having legal authority or control over him, if the latter is at
fault or negligent: primarily liable to pay for the civil liability

54
 o If there is no fault or negligence on their part; or even if they
are at fault but insolvent; or no person having such authority
or control: the accused shall be liable with their own property
not exempt from execution
2. The persons for whose benefit the harm has been prevented shall
be civilly liable in proportion to the benefit which they may have
received.
o The courts shall determine, in sound discretion, the
proportionate amount for which each one shall be liable.
o When the respective shares cannot be equitably determined, even
approximately, or when the liability also attaches to the
Government, or to the majority of the inhabitants of the town,

55
 and, in all events, whenever the damages have been caused
with the consent of the authorities or their agents, indemnification
shall be made in the manner prescribed by special laws or
regulations.
3. The persons using violence or causing the fears shall be primarily
liable and secondarily,
o If there be no such persons, those doing the act shall be liable,
saving always to the latter that part of their property exempt
from execution.

56
GENERAL RULE (Article 11): There is no civil liability in justifying
circumstances
Exception (par 4 – avoidance of greater evil): There is civil liability on the
part of the one benefitted by the Act which causes damage to another
GENERAL RULE (Article 12): Exemption from criminal liability does not
include exemption from civil liability
Exception: No civil liability in
1. Injuries caused by mere accident (Article 12 par 4)
2. Failure to perform an act required by law when prevented by
some lawful or insuperable cause (Article 12 par 7)

57
ARTICLE 102 (Subsidiary civil liability of innkeepers, tavernkeepers and
proprietors of establishments)
ELEMENTS PAR 1 [VCI]
1. That the innkeepers, tavernkeepers, or proprietors of establishment or
his employee committed a Violation of municipal ordinances or
some general or special police regulation.
2. That a crime is Committed in such inn, tavern, or establishment
3. That the person criminally liable is Insolvent

 Subsidiary civil liability: the above-mentioned are civilly liable for the
crime committed in his establishment

58
 Example: if the bar was open in violation of a municipal ordinance and
a crime was committed therein, the owner shall be civilly liable

ELEMENTS PAR 2
1. The guests notified in advance the innkeeper or the person
representing him of the deposit of their goods within the inn or
house
2. The guest followed the directions of the innkeeper or his
representatives with respect to the care of and vigilance over such
goods
3. Such goods of the guests lodging therein were taken by robbery
with force upon things or theft committed within the inn or house

59
 When all elements are present, the owner is subsidiarily liable
 No liability shall attach in case of robbery with violence or
intimidation of persons, unless committed by the innkeeper’s
employees.
 If the effects of the guests were not deposited despite the notice to that
effect was posted, the owner shall be liable because it is enough that
they were within the inn

60
61
ARTICLE 103 (Subsidiary civil liability of other persons)
ELEMENTS [ERDI]
1. The employers, teachers, persons, and corporations Engaged in
any kind of industry
2. Employer and employee Relationship
3. Any of their servants, pupils, workmen, apprentices, or employees
commits a felony in the Discharge of their duties.
o The act must be in the discharge of his duties and not
necessarily while in the discharge
4. The said employee is Insolvent and has not satisfied his civil
liability

62
 The company, owner, employer is subsidiarily liable for the
restitution of the things or for the payment of their payment, if the
employee cannot satisfy his own civil liability
 Industry: is any branch of art, occupation, or business, especially one
which employs much labor and capital and is distinct branch of trade;
means of livelihood or for profit
o Hospitals are not engaged in industry and nurses are subject
to the authorities and orders of physicians (not servant)
o If the employer is a private person who has no business or
industry; he cannot be subsidiarily liable
 There can be no automatic subsidiary liability of defendant-employer
where his employee has not been previously criminally convicted

63
Good Father of a family: The liability imposed by this Article shall cease in
case the persons subject thereto prove that they exercise all the diligence
of a good father of a family to prevent the damage. However, it cannot be
raised as a defense in the criminal case but only in the subsidiary liability
of the employer

64
65
ARTICLE 104 (What is included in civil liability)
The civil liability established in Articles 100, 101, 102, and 103 of this
Code includes [Res-Repa-Inde]:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
 First remedy is restitution of the thing taken away, if restitution cannot
be made by the offender, the law allows the offended party reparation.
In either case, indemnification of consequential damages may be
required

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 There are crimes where only one or none at all of these civil
obligations is possible; Some crimes the three civil obligations may be
declared or enforced
o Restore the real property occupied (restitution)
o Repair the damages caused to it (reparation)
o Indemnify the offended party for all consequential damages
he has sustained due to the commission of the crime
(indemnification)
 Article 38 (Pecuniary Liabilities): Repa-Inde-Fine-Cost: Article 104
provides returning of the property stolen; 38 refer to liabilities to be
paid out of the property of the offender

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ARTICLE 105 (Restitution; How made)
1. 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 convict cannot, by way of restitution, give to the offended
party similar thing of the same amount, kind or species and
quality
- The sentence should be for the return of the very thing taken
(restitution) – to place the offended partyt as much as possible in
the same condition before the offense was committed against him
- Deterioration: if the property while in the possession of the thief
suffers deterioration due to his fault, the court will assess the

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 amount of deterioration and return the property; the accused shall
pay such amount
2. 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.
- Whomever may have been deprived of his property in a
consequence of a crime is entitled to the recovery thereof, even if
such property is in the possession of a third party who acquired it
by legal means
- If the possessor of a movable lost or of which the owner has been
unlawfully deprived, has acquired it in good faith at a public sale,

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the owner cannot obtain its return without reimbursing the price
paid thereof.
o If it is not at a public sale, the third party shall restore the
property to the lawful owner but the former may sue the
thief for the recovery of what he had paid
o Restitution must be ordered in the final judgment,
otherwise it is premature

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3. 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.
- When the liability to return a thing arises from 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
somebody else; it shall be return to its rightful;l owner

 Restitution is only limited only to crimes against property

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ARTICLE 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.

 When the stolen property cannot be returned because it was already sold
by the thief to an unknown person, he will be required by the court, if
found guilty, to pay the actual price of the thing plus its sentimental
value to its owner
 Reparation of the damages caused by and flowing from the
commission of the crime of which the accused is convicted (broken

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 doors, torn clothes, etc); damages usually caused by crimes against
property
 Insurance: The payment by the insurance company was not made on
behalf of the accused but was made pursuant to its contract with the
owner of the property insured; it does not relieve the offender of his
obligation to repair the damage caused

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ARTICLE 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.
 Indemnity is ordinarily the remedy granted to the victims of crimes
against persons
 It includes moral damages, civil indemnity, exemplary damages
 The victims are entitled to be paid for
o His medical treatment,
o Salaries or wages unearned by him because of his inability to
work due to injuries received by him

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  Net earning capacity = Life expectancy x (Gross annual
income – living expenses)
 The award for damages must be on the basis of the
deceased and not the beneficiary
o Damages sustained by him because of loss of limb etc or
lessening of his earning capacity

 If there is contributory negligence on the part of the offender party

reduces the civil liability of the offender

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 Civil Indemnity: it is equivalent to actual or compensatory damages in
civil law.
o Civil liability ex-delicto (actual damages) includes Res-Repa-
Inde
o Adequate compensation for such pecuniary loss suffered by
him as he has duly proved
o Attorney’s fees is included
o CI requires proof; MD and ED do not require proof of
pecuniary loss as the assessment of such is left to the
discretion of the court
 Moral Damages: in case of rape or murder, need not be proved. It
suffices that the crime has been committed. The law presumes that the

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 victim suffered moral indemnity because of the odiousness of the
crime
 Exemplary Damages: can only be granted if there are AC in the
commission of the crime
o The court will decide whether or not they should be
adjudicated
o The plaintiff must show that he is entitled to moral, temperate
or compensatory damages before the court may consider the
question whether exemplary damages should be awarded
 Temperate or moderate Damages: (which are more than nominal but less
than compensatory damages) may be recovered when the court is
convinced that there has been such a loss, the judge is empowered to

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 calculate moderate damages rather than let the complainant suffer
without redress; the pecuniary loss was suffered but its amount
cannot be proved with certainty
 Interest: rate at 6% per annum should be added to the damages
awarded

Damages recovered in case of Death

1. Civil liability ex delicto
2. Loss of earning capacity of the deceased
3. Support in favor of a person to whom the deceased was obliged to
give, such is not an heir
4. Moral damages for mental anguish of the family

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 5. Exemplary damages
 Reclusion Perpetua: Civil indemnity for murder or homicide is 75,000
and moral damages of 50,000 are automatically awarded
Heinous Crimes: RA 9346 provides for Civil Indemnity (100,000); Moral
Damages (100,000); Exemplary (100,000)

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ARTICLE 108 (Obligation to make restoration, reparation for damages,
or indemnification 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.

 Death of the accused was before the rendering of final judgment or

the same was on appeal, the action for Res-Repa-Inde must
necessarily be dismissed

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 If the offender dies after the final judgment, the heirs may be made to
meet the damages through the accused’s property

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ARTICLE 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.

 The civil indemnity should be apportioned among those who

cooperated in the commission of the crime according to the degree of
their liability, respective responsibilities and actual participation.
o The person with greater participation in the crime should have
a greater share in the civil liability than those who played in
minor role or those accessory after the fact`

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ARTICLE 110 (Several and subsidiary liability of principals,
accomplices and accessories of a felony; Preference in payment)
Notwithstanding the provisions of the next preceding article, the
principals, accomplices, and accessories, each within their respective
class, shall be liable severally (in solidum) among themselves for their
quotas, and subsidiaries for those of the other persons liable.
The subsidiary liability shall be enforced, first against the property of the
principals; next, against that of the accomplices, and, lastly, against that of
the accessories.
Whenever the liability in solidum or the subsidiary liability has been
enforced, the person by whom payment has been made shall have a right
of action against the others for the amount of their respective shares.

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Example: X, Y and Z were charged in the case of robbery. They were all
charged as principals. But the judge ruled that X is a principal, Y is an
accomplice and Z is a mere accessory. The judge divided the civil liability
proportionately. Their liabilities among themselves are in solidum.

Q: Against whom can the private complainant recover said civil liability?
A: The private complainant can recover the entire civil liability from X,
the principal but X now has a right of action against Y and Z insofar as
their respective civil liabilities are concerned. If X cannot pay, the private
complainant can go against Y. Y can now go against X and Z because
their liabilities are in solidum but subsidiary insofar as the private
complainant is concerned.

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ARTICLE 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.
 The person who participated gratuitously in the proceeds of a felony
is not criminally liable; such must not be an accessory
 The person should not have paid for the stolen property which he
received from the offender

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ARTICLE 112 (Extinction of civil liability)
Civil liability established in Articles 100, 101, 102, and 103 of this Code
shall be extinguished in the same manner as obligations, in accordance
with the provisions of the Civil Law.
 Civil liability is extinguished:
1. By payment or performance
2. By the loss of the thing due
3. By the condonation or remission of debt: waiver of civil liability
with regard to the interest of the offended party
4. By the confusion or merger of the rights of creditor and debtor
5. By compensation
6. By novation: agreement by appellant and complainant

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 Others: annulment, rescission, fulfillment of a resolutory condition,
prescription.

 Civil liability may arise from:

1. Culpa Criminal
2. Culpa Contractual (Breach of Contract)
3. Culpa Aquiliana (Tortious Act)

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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.
- Pardon, Amnesty, Probation, Commutation of the criminal aspect
does not wipe the obligation to satisfy civil liability.

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