Civil Liability arising from a crime

• Art. 1161 Civil Obligations arising from criminal offenses shall be governed by the penal
laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter
2, Preliminary Title, on Human Relations, and of Title XVIII of this book, regulating
damages.
Civil liability arising from crimes or delicts.
• This article deals with civil liability arising from crimes or delicts.
(1) The commission of an offense has a two-pronged effect: one, on the public as it
breaches the social order and the other, upon the private victim as it causes personal
sufferings or injury, each of which is addressed, respectively, by the imposition of
heavier punishment on the accused and by an award of additional damages to the
victim. (People vs. Catubig, 363 SCRA 621 [2001].)
12 Art. 2143. The provisions for quasi-contracts in this Chapter do not exclude other
qua-
si-contracts which may come within the purview of the preceding article. (n)
13 Quantum meruit allows recovery of the reasonable value regardless of any
agreement
as to value. It entitles the party to “as much as he reasonably deserves,’’ as distinguished from
quantum valebant or to “as much as what is reasonably worth.’’ Recovery based on quantum
meruit presents a justiciable question because its settlement requires the application of
judgment and discretion and cannot be adjusted by simple arithmetical processes. (F.F.
Mañacop Construction Co., Inc. vs. Court of Appeals, 266 SCRA 235 [1997].) The doctrine of
quantum meruit prevents undue enrichment based on the equitable postulate that it is unjust for
a person to retain benefit without paying for it. (Philippine National Bank vs. Shellink Planners,
Inc., 473 SCRA 552 [2006].)
14 The pertinent provisions are Articles 100 to 113 of the Revised Penal Code.
15 Art. 2177. Responsibility for fault or negligence under the preceding article [Art.
2176,
Note 19.] is entirely separate and distinct from the civil liability arising from negligence under the
Penal Code. But the plaintiff cannot recover damages twice for the same act or omission of the
defendant. (n)
16 Among the pertinent provisions are Articles 29 to 35 of the Civil Code.

(2) Oftentimes, the commission of a crime causes not only moral evil but also material
damage. From this principle, the rule has been established that every person criminally liable for
a felony17 is also civilly liable. (Art. 100, Revised Penal Code; see Albert, the Revised Penal
Code Annotated, p. 276.) In crimes, however, which cause no material damage (like contempt,
insults to person in authority, gambling, violations of traffic regulations, etc.), there is no civil
liability to be enforced. But a person not criminally responsible may still be liable civilly. (Art. 29;
Rules of Court, Rule 111, Sec. 2[c].)

• Reservation of right to recover civil liability.

Under the present rule, only the civil liability arising from the offense charged is deemed
instituted with the criminal action unless the offended party waives the civil action, reserves his
right to institute it separately, or institutes the civil action prior to the criminal action. There is no
more need for a reservation of the right to fi le the independent civil actions under Articles 32,
33, 34 and 2176 of the Civil Code. The reservation and waiver referred to refer only to the civil
action for the recovery of the civil liability arising from the offense charged. This does not include
recovery of civil liability under Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines
arising from the same act or omission which may be prosecuted separately even without a
reservation. (DMPI Employees Credit Cooperative, Inc. vs. Velez, 371
SCRA 72 [2001]; Hambon vs. Court of Appeals, 399 SCRA 255 [2003]; see Secs. 1, 2, 3, Rule
111, Revised Rules of Criminal Procedure; see Notes 19, 25.)
• Scope of civil liability.
The extent of the civil liability arising from crimes is governed by the Revised Penal Code and
the Civil Code.18
This civil liability includes:
(1) Restitution;
(2) Reparation for the damage caused; and
17 A felony is an act or omission punishable by law. It is committed with criminal intent or by
means of negligence. (Arts. 3, 365, Revised Penal Code.)
18 Articles 2202, 2204-2206, 2208, 2211, 2219-2220, 2222, and 2230 of the Civil Code govern
the amount of damages recoverable by reason of crime.
(3) Indemnification for consequential damages. (Art. 104, Revised
Penal Code.)
• EXAMPLE:
X stole the car of Y. If X is convicted, the court will order X: (1) to return the car (or to pay its
value if it was lost or destroyed); (2) to pay for any damage caused to the car; and (3) to pay
such other damages suffered by Y as a consequence of the crime.
Where the trial court convicts an accused of a crime, without, however, ordering payment of any
indemnity, it has been held that the Supreme Court, on appeal, may modify the decision by
ordering indemnification of the offended party pursuant to Articles 100, 104(3), and 107 of the
Revised Penal Code. (People vs. Peña, 80 SCRA 589 [1977]; see Note 2.)

Civil liability arising from crime

The civil liability arising from the crime charged may be determined in the criminal proceedings if
the offended party does not waive to have it adjudged, or does not reserve the right to institute a
separate civil action against the accused. By intervening in the prosecution of the criminal case
personally or by private prosecutor, the offended party has elected to have the civil liability
determined in the criminal action, for the rule is that the right to intervene reserved to the
offended party is for the sole purpose of enforcing the civil liability arising from the crime and not
of demanding punishment of the accused. If the court acquits or convicts the accused without
making an award of damages and the offended party did not appeal therefrom, the latter’s
subsequent action for damages arising from the crime is barred by prior judgment. (Roa vs. De
la Cruz, 107 Phil. 8 [1960]).
The same punishable act or omission can create two kinds of civil liabilities against the accused
and, where provided by law, his employer. There is the civil liability arising from the act as a
crime and the liability arising from the same act as a quasi-delict. Either one of these two types
of civil liability may be enforced, but the offended party cannot recover damages under both
types of liability. Judgment of acquittal extinguishes the liability of the accused for damages only
when it includes a declaration that the facts from which the civil might arise did not exist. Hence,
the civil liability is not extinguished by acquittal where the acquittal is based on reasonable
doubt (Padillla vs. CA, 129 SCRA 558 [1994]).
The civil aspect of a crime may be compromised or waived, provided that it must be entered
before or during litigation, and not after final judgment. A compromise on the civil aspect is valid
even if it turns out to be unsatisfactory to either or b