GENERAL PROVISIONS

ARTICLE 1161. Civil obligations arising from criminal offenses shall be governed by the penal
laws,14 subject to the provisions of Article 2177,15 and of the pertinent provisions of Chapter 2,
Preliminary Title on Human Relations,16 and of Title XVIII of this Book, regulating damages.

ARTICLE 1161

Civil liability arising from crimes or delicts

1. Civil liability in addition to criminal
liability - every person criminally
liable for an act is also civilly liable for
the damage suffered.
- The commission of crime not
only causes moral evil but also
material damage.
2. Criminal liability without Civil
liability - in crimes which cause no
material damage, there is no civil
liability.
3. Civil liability without criminal
liability - a person not criminally
liable may still be liable civilly (e.g
failure to pay contractual debt,
accidental damage to property)

Scope of Civil liability

Governed by the revised Penal Code and Civil
Code. The civil liability includes:
1. Restitution - a convicted offender may
be ordered to reimburse victims for
financial losses incurred due to the
offender's crime.
2. Reparation for damage caused
3. Indemnification for consequential
damage
GENERAL PROVISIONS
ARTICLE 1162. Obligations derived from quasi-delicts shall be governed by the provisions of
Chapter 2, Title XVII of this Book, and by special laws.

ARTICLE 1162
3. Crime has two liabilities: criminal and
Obligations arising from quasi-delicts
civil; quasi delict generally only has
civil liability
Quasi-delict - is an act by a person
4. In crime the purpose is punishment;
(tortfeasor) which causes damage to another
in in quasi delict, indemnification
in his person, property, or rights giving rise
5. Criminal liability can not be settled by
to an obligation to pay for the damage done,
the parties themselves; the liability for
there being fault or negligence but there is no
quasi-delict can be compromised as
pre-existing contractual relation between the
any other civil liability
parties.
6. In crime, the guilt of the accused must
be proved beyond reasonable doubt; in
Requisites of quasi-delict
quasi-delict, the negligence of the
1. There must be an act or omission by
defendant need only be proved by
the defendant
preponderance (greater weight) of
2. There must be fault or negligence of
evidence
the defendant
7. In crime, the liability of the person
3. There must be damage caused to the
responsible for the author of the
plaintiff
negligent act or omission is
4. There must be a direct relation or
subsidiary;in quasi-delict, it is direct
connection of cause and effect
and primary.
between the act or omission and the
damage
5. There is no pre-existing contractual
relation between the parties

Crime distinguished from quasi-delict

1. In crime there is malicious intent; in
quasi-delict there is only negligence
2. Crime affects public interest; quasi
delict concerns private interest