Civil Liability: Criminal Law 1

Civil obligations arise from:

1. Law;
2. Contracts;
3. Quasi-contracts;
4. Delicts (Delito); (Crimes)
5. Quasi-delicts.

Art. 1157, Civil Code

Crime will give rise to 2 liabilities, civil and criminal liabilities.

Not all the time that there will be a civil obligation arising from a crime, there
are crimes that are victimless because civil liabilities will be paid to the victim
(offended party).

Fine will be paid but will not go to the victim but to the state, if fine will not
be paid subsidiary imprisonment.

If civil liability is not paid, no imprisonment, if the victim waives civil

liability; should not interfere.

Civil liability may arise without criminal liability.

Justifying Circumstances-no criminal liability, but with civil liability

Exempting Circumstances-no criminal liability, but with civil liability

Side Note: Differences in the degree of the evidence required in each case;
Proof of guilt beyond reasonable doubt.

In civil case, preponderance of evidence. May not be convicted but may still incur
civil liability.

Who would be civilly liable if there is a crime? it would be the offender, the
criminal itself, the person primarily liable for the civil obligation arising from
a crime.

If the offender is insane or is a minor, he will not have a civil personality to

incur a civil obligation.

Minors will not be civilly liable, it will be the parents the will be liable.

If the offender committed a crime in performance of his employment, if the employer

can be subsidiarily liable if the employee cannot pay.

Law on Insurance:

The operator is the one who must get an insurance;

The operator will pay a sum of money (premium), the insurance company will be the
one to shoulder.

Force Majeure - Natural disasters, calamities, etc. Will still pay if the thing
stolen was broken during natural disasters or calamities.

Examplary Damages - to serve as an example or teach not to commit the same crime.

Does death of the accused extinguish civil

liability ex-delito?

1. If death occurs after conviction, no. (The victim can still ask through the
offender's heirs or estate)

Coverage:

80% Module 7-11

20% Module 1-6

1-2 questions from midterm will be recycled.