ART 62. Application of mitigating, aggravating circumstance and habitual delinquency

Par 1 1st rule. Aggravating circumstance which in themselves constitute or are included by law in

defining the crime – no effect

“by means of fire” not taken into consideration in arson

“dwelling” in robbery with force upon things

“abuse of confidence” in qualified theft

Taking advantage of public position and committed by a syndicate – maximum regardless of mitigating

circumstance

Syndicate – two or more persons

ART 62 Par 2 Inherent

When the aggravating circumstance is inherent in the crime – no effect

Evident premeditation inherent in robbery and theft

ART 62 Par 3 Circumstance relating to the persons participating in the crime

1. Moral attributes of the offender

Ex. evident premeditation (aggravating)

Passion or obfuscation (mitigating)

2. Private relations of offender and offended party

Ex. Relationship e.g. father and son

3. Any other personal cause

Ex. Minority

Insanity

Recidivism

In these three instances the aggravating or mitigating circumstances shall affect only those to whom

such circumstance is present.

ART 62 par 4. Circumstance consisting in the material exec of the crime

Material execution – treachery

Means employed – poison, fire, etc.

Affects only those who had knowledge of them of the execution of the act or their cooperation therein.

ART 62 Par 5 Habitual Delinquency

Rules on habitual delinquency

-refers only to certain crimes: serious and less serious physical injuries, robbery, theft, estafa and

falsification

-it results in an additional penalty not merely an increase in the penalty

-the additional penalty is imposed upon a third conviction

-the 10 years shall always be computed from the last conviction or release.

-the subsequent crimes must be committed after conviction of the former crime

ART 63 Indivisible penalties

Single indivisible – imposed regardless of the presence of circumstance

Two indivisible penalties

a. One aggravating – greater penalty

b. No mitigating no aggravating – lesser penalty

c. Some mitigating no aggravating - lesser penalty

d. Both – offset according to number and importance

ART 64 penalties which contain 3 periods

Rule 1. No aggravating and no mitigating - medium period

Rule 2. Only a mitigating – minimum

Rule 3. Only an aggravating – maximum

Rule 4. When there are both aggravating and mitigating circumstances the court shall offset one against

the other

Two or more mitigating and no aggravating

Rule 5. Two or more mitigating and no aggravating circumstance - penalty next lower in degree in the

period applicable according to the number and nature of circumstance. This is called a Privileged

Mitigating Circumstance.

The mitigating circumstance that constitutes the privileged mitigating circumstance can no longer be

considered in deter imposable period.

ART 65 dividing penalties (divisible) in 3 equal portions

Step 1. Determine the duration of the penalty in its entirety by ascertaining the minimum and max

Step 2. Determine the time included in the penalty prescribed by subtracting the min from the max. the

min subtracted from must not include the 1 day.

Step 3. The difference should be divided into 3 equal portions

Step 4. The minimum (including the 1 day) is the minimum of the minimum period. Add the quotient to

the minimum and you have the maximum of your minimum period.

Step 5. Add 1 day to the maximum of the minimum period and you have the minimum of the medium

period. Add the quotient to the minimum (w/o including the one day) and you have the maximum of the

medium period of the penalty

Step 6. Add 1 day to the maximum of the medium and you have the minimum of the maximum period

of the penalty. Add the quotient to the minimum (w/o including the one day) and you have the

maximum of the maximum period of the penalty.

Prision correctional med and max

Step 1. Determine the duration of the penalty in its entirety by ascertaining the min and max.

2 yrs. 4 months and 1 day to 6 yrs.

Step 2. Determine the time included in the penalty prescribed by subtracting the minimum from the

maximum. The minimum subtracted from must not include the 1 day.

6 years 5 years 12 months - or 2 years 4 months 2 years 4 months _______________ ________________ 3 years 8 months 3 years 8 months Step 3. The difference should be divided into three equal portions.

1 year 2 months 20 days

3) 3 years 8 months

3 years 6 months

2 months or 60 days

60 days

x

Step 4 The minimum (including the 1 day) is the minimum of the minimum period. Add the quotient to

the minimum and you have the maximum of your minimum period.

2 years 4 months

+

1 year 2 months 20 days

--------------------------------

3 years 6 months 20 days

2 years 4 months 1 day – 3 years 6 months and 20 days

Step 5 Add 1 day to the maximum of the minimum period and you have the minimum of te medium

period. Add the quotient to the minimum (w/o including the one day) and you have the maximum of the

medium period of the penalty.

3 years 6 months 20 days

+

1 year 2 months 20 days

----------------------------------

4 years 9 months 10 days

3 years 6 months 21 days – 4 years 9 months 10 days

Step 6 Add 1 day to the maximum of the medium and you have the minimum of the maximum period of

the penalty. Add the quotient to the minimum of the maximum period of the penalty.

4 years 9 months 10 days

+

1 year 2 months 20 days

----------------------------------

5 years 11 months 30 days or 6 years

4 years 9 months 11 days – 6 years

ART 66 Imposition of fines

Wealth or means of the culprit is the primary consideration

Mitigating and aggravating circumstance shall also be considered

ART 67 penalty when accident is present

Accident is an exempting circumstance under Art 12, par 4. If not all elements are present then the

offender is punished in the same manner as a person liable for reckless imprudence under Art 365

Art 68 penalty upon a person under 18

RA 9344

15 years and under – no criminal liability (intervention)

Above 15 below 18 – exempt unless acting with discernment (diversion)

ART 69 crime not wholly excusable

Some of the elements of a justify or exempting circumstance is present.

Majority.

One or two degrees lower. Privileged mitigating circumstance.

ART 70 Service of sentence

Simultaneous if the nature of the penalties allow otherwise the penalties must be served successively.

Disqualification, suspension, destierro, censure, civil interdiction, confiscation and costs are penalties

that may be served simultaneously.

Penalties of imprisonment

Multiple penalties consisting of imprison have to be served successively

The order of severity in Art 71 must be observed. The most severe must be served first.

Three-fold rule

A convicts sentence shall not exceed more than 3 times the length of time corresponding to the most

severe of the penalties imposed on him

Shall not exceed 40 yrs

Does not include the imposition of subsidiary imprisonment

ART 71 Graduation of penalties

Under RA 9346 death has been effectively eliminated from the list of imposable penalties under Art 71

This affects not only the consummated stage and the principals but also for the frustrated and

attempted stage as well with the respect to the accomplice and accessory.

ART 25 Classification of Penalties

ART 70 Severity ART 71 Graduation

Death (capital) Death Death

Reclusion Perpetua Reclusion Perpetua Reclusion Perpetua

Reclusion Temporal Reclusion Temporal Reclusion Temporal

Abs Disq Prision Mayor Prision Mayor

Spc Disq Prision Correctional Prision Correctional

Prision Mayor Arresto Mayor Arresto Mayor

Prision Correctional Arresto Menor Destierro

Arresto Mayor Destierro Arresto Menor

Suspension Perpetua Ab Disq Public Censure

Destierro Temporal Ab Disq

Arresto Menor (light) Suspension

Public Censure Pub Censure

ART 72-74

Art. 72 Satisfaction of civil liability is based on the chronological order that they are imposed.

Art 73 Accessory penalties under Arts 40-45 are deemed imposed.

Subsidiary imprisonment not an accessory penalty

Art 74. Death shall not be imposed through the process of graduation.

ART 75 Increasing or decreasing fine by one or more degrees.

Fines are increased or decreased by one-fourth (1/4) of the maximum.

There must be a minimum and a maximum for this article to be applicable.

Only the maximum is increased or decreased, the minimum is never changed.

Increasing or decreasing the fine

Fine of P200-P2,000

¼ of P2,000 = P500

One degree lower would be a fine of P200 – P1,500

Two degrees lower would be a fine of P200 – P1,000

ART 76 Legal period of divisible penalties

The intention of the law is to give the three periods of a penalty equal or uniform duration due to the ff:

-equal and uniform durations

-does not require that they be used even when the periods of a prescribed penalty correspond to

different divisible penalties

-will result in the periods not being of equal and uniform duration

-Art 65 requires that a divisible penalty be divided into three equal portions

-making an exception out of a penalty composed of periods corresponding to different penalties would

have no legal basis.

Arresto Mayor does not follow the general rule.

Minimum – 1 month 1 day to 2 months

Medium – 2 months 1 day to 4 months

Maximum – 4 months 1 day to 6 months

ART 77 Complex Penalty

Complex penalty is a penalty composed of three distinct penalties, i.e., Reclusion temporal to death

*lightest – minimum

*next – medium

*most severe – maximum

Indeterminate Sentence Law

A penalty with a minimum and a maximum instead of a straight penalty.

Authorizes the release of a convict after having served the minimum of his sentence.

ISL does not apply

1. Convicted; death or life imprisonment;

2. Convicted; of treason, conspiracy or proposal to commit treason;

3. Convicted of misprision of treason, rebellion, sedition, or espionage;

4. Convicted of piracy;

5. Habitual delinquents;

6. Escaped from confinement or evaded sentence;

7. Violated the terms of the conditional pardon;

8. Imprisonment; maximum does not exceed 1 year;

9. Those already sentenced by final judgement at the time of the approval of the law. (Dec. 5,

1933)

10. Destierro or suspension

RPC and Special Laws

Special Law

*minimum – not less than the minimum prescribed by law

*maximum – not exceed the maximum fixed by law

RPC

*minimum – shall be w/in the range of the penalty next lower to that prescribed by the Code for the

offense.

*maximum – that, in view of the attending circumstance. Could be properly imposed under the rules of

the RPC.

Steps

1. Ascertain the penalty prescribed for the offense w/o considering the attendant circumstance

2. Use the said penalty as the basis for determining the minimum, which is the penalty next lower

in degree. This is the minimum of the indeterminate sentence.

3. Fix the maximum by imposing the penalty prescribed by the law taking into consideration the

attending circumstances.

Homicide, no mitigating no aggravating

1. Homicide is punished by Rec Temp.

2. Penalty next lower in degree to Rec Temp is Prision Mayor. Prision Mayor is the minimum of

your indeterminate sentence.

3. Maximum is Rec Temp in its medium period since there is no aggravating or mitigating

circumstances.

4. The indeterminate sentence, therefore, is Prision Mayor to Reclusion Temp Medium.

Frustrated Homicide w/ Direct Assault

*frustrated homicide – Prision May; Direct Assault – Prision Correctional Med-Max. Penalty for complex

crime is for the graver offense w/c is Prision Mayor.

*penalty next lower to Prision Mayor is Prision Correctional. Prision Correctional is the minimum.

*max is Prision Mayor in its max (complex crime)

*indeterminate sentence is, therefore, Prision Correctional to Prision Mayor Maximum.

Privileged Mitigating Circumstance

General Rule is: find the penalty next lower in degree to the penalty prescribed by law w/o first

considering the attending circumstances.

Exception is: a privilege mitigating circumstance (two or more mitigating circumstance w/o any

aggravating circumstance, Art 64 par 5). In this case the privileged mitigating circumstance is first

applied to determine the basis for the minimum.

Estafa thru Falsification by a Public Officer with two mitigating and no aggravating (privileged

mitigating circumstance).

1. Penalty for the more serious offense (falsification) is Prision Mayor.

2. Apply the attending circumstance (privileged mitigating circumstance) first. One degree lower

than Prision Mayor is Prision Corr. (exception to the general rule)

3. One degree lower than Prision Correctional is Arresto Mayor. Arresto Mayor is the minimum.

4. Maximum is Prision Correctional in its max, because it is a complex crime.

5. Indeterminate sentence is Arresto Mayor to Prision Correctional Maximum.

Homicide w/ Direct Assault; one privileged mitigating circumstance (minority) and one

ordinary mitigating circumstance. (plea of guilty)

1. Homicide is the more serious offense (Rec Temp)

2. Apply the privileged mitigating, next lower in degree is Prision Mayor. This is the basis for the

minimum.

3. One degree lower than Prision Mayor is Prision Correctional. Prision Correctional is the

minimum.

4. Pr. Mayor is applied in its maximum period because it is a complex crime but in the minimum

period of the max because of the ordinary mitigating circumstance of plea of guilty.

5. Indeterminate sentence is Prision Correctional to Prision Mayor Maximum in its minimum

period.

Probation

*probation – is a disposition where a convict is released subject to conditions imposed by the court and

to the supervision of a probation officer.

*In probation, a convict’s sentence consisting of imprisonment is not executed, rather the convict is

released subject to the conditions of the probation. When the convict violates the terms, he may be

required to serve the sentence.

When to apply for probation

The application for probation must be filed within the period for perfecting an appeal (15 days from

promulgation).

When a convict has perfected an appeal, an application for probation cannot be granted..

Sable vs Pp, GR No. 177961, April 7, 2009

“the probation law is patently clear that no application for probation shall be entertained or granted if

the defendant has perfected the appeal from the judgement of conviction.”

“consequently, probation should be availed of at the first opportunity by convicts who are willing to be

reformed and rehabilitated; who manifest spontaneity, condition and remorse.”

Colinares vs Pp, GR No 182748, December 13, 2011

In a real sense, the court’s finding that Arnel was guilty, not of frustrated homicide, is an original

conviction that for the first time imposes on him a probationable penalty. Had the RTC done him right

from the start, it would have found him guilty of the correct offense and imposed on him the right

penalty of two years and four months maximum. This would have afforded Arnel the right to apply for

probation.

Disqualified from probation

*sentence to a maximum term of imprisonment of more than 6 years;

*convicted of subversion, crimes against national security or public order;

*previously convicted by final judgement by:

-imprisonment of not less than one month, and/or

-fine not less than P200.00

*have been once on probation;

*those already serving sentence at the time the provisions of the probation law became applicable.

Periods of Probation

*if term of imprisonment is not more than 1 year probation shall not exceed two years.

*if sentenced to more than 1 year probation shall not exceed 6 years.

Completion of the period of probation and discharge of the probationer shall operate to restore him to

all civil rights.

ART 89 Total Extinction of criminal liability.

1. Death

2. Service of sentence

3. Amnesty

4. Absolute pardon

5. Prescription of the crime

6. Prescription of the penalty

7. Marriage (ART 344)

Death

Personal penalties – extinguished whether death occurs before or after conviction.

Pecuniary penalties are extinguished when death occurs before final judgement. Fines and cost shall

subsist if death occurs after final judgement.

Death before final judgement.

When death occurs before final judgement, e.g., pending appeal, the criminal liability of the accused is

extinguished as well as his civil liability if it is based solely on the offense committed.

If the civil liability can be predicated on some other source of obligation other than delict (crime), e.g.,

law, contracts or quasi-delict, the claim for civil liability survives.

Pp vs Bayotas, GR No 102007, 2 September 1994

1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well

as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, “death of

the accused prior to final judgement terminates his criminal liability and only the civil liability

directly arising from and based solely on the offense committed.

2. Corollarily, the claim for civil liability survives notwithstanding the death of accused, if the same

may also be predicated on a source of obligation other than delict. ART 1157 of the Civil Code

enumerates these other sources of obligation from which the civil liability may arise as a result

of the same act or omission.

Amnesty and pardon

*Amnesty completely extinguishes the offense, the penalty and the effects thereof. However, amnesty

does not extinguish civil liability.

*Pardon merely exempts the convict from the punishment the law inflicts for a crime committed.

Amnesty Pardon

Group/class Individual

Before or after conviction After conviction

Looks backward Looks forward

Affects recidivism Recidivism stays

Civil liability remains Civil liability remains

Public act of the President Private act of President

Prescription of the crime/penalty

The state loses the right to prosecute an offender to the lapse of time.

The state loses right to execute final sentence after the lapse of time.

Marriage of the offended woman (ART 344); must be in good faith

The manner in which the appellant dealt with the girl after the marriage, as well as before, shows that

he had no bona fide intention of making her his wife, and the ceremony cannot be considered binding

on her because of duress. The marriage was therefore void for lack of essential consent. And it supplies

no impediment to the prosecution of the wrongdoer.” (PP vs SANTIAGO, GR No. 27972, October 31,

1927)

ART 90 Prescription of crimes

The state loses the right to prosecute an offender.

*Death, Reclusion Perpetua, Reclusion Temporal - 20 years

*Other Afflictive penalties - 15 years

*Correctional penalties - 10 years

Except by Arresto Mayor - 5 years

*Libel and other similar offenses - 1 year

*Oral Defamation and Slander by Deed - 6 months

*Light Offenses - 2 months

Prescription

*Prescription of penalties – sentence must be final

*Prescription of crimes – penalty prescribed by law

*Prescription of penalties – penalty imposed

ART 91 Computation of period

Commence to run when culprit evades service of sentence.

Interrupted when convict:

a. Gives himself up,

b. Captured,

c. Goes to a foreign country with which the Government has no extradition treaty, or

d. Commits another crime before the expiration of the period

Evasion of service of sentence is essential for the rules on prescription to apply.

ART 94 Partial Extinction

*Conditional pardon. Condition usually takes the form of an undertaking that the convict shall not

violate any penal law.

*Commutation. Commutation reduces the degree of the penalty or reduces the length of imprisonment.

*Good Conduct Allowances. ART 97

ART 97 Good Conduct Allowances

Good conduct of a prisoner during his imprisonment will result in a deduction of his sentence:

a. 1st two years -5 days/month of good behaviour.

b. 3rd to 5th years -8 days/month of good behaviour.

c. 6th to 10th year -10 days/month of good behaviour.

d. 11th and successive years -15 days/month of good behaviour.

ART 98 Special time allowance for loyalty:

*1/5 of the period of the sentence;

*Evade service during disorders, conflagrations, earthquakes, or other calamities;

*Gives himself up within 48 hours following the proclamation announcing the passing away of the

calamity or catastrophe.

*An essential element of this article is that the convict must leave the penal institution.

ART 100 Civil Liability

A person who is criminally liable is also civilly liable.

This principle is based on the dual character of a crime. A crime is (1) an offense against the State

because it disturbs the social order…………………..

Acquittal

Acquittal in the criminal case does not carry with it extinction of the civil liability.

When there is a finding in the final judgement that the act or omission from which the civil liability may

arise does not exist, the civil liability is deemed extinguished.

Abellana vs Pp, GR 174654, Aug 17, 2011

Simply stated, civil liability arises when one, by reason of h sown act or omission, done intentionally or

negligently, causes damage to another. Hence, for petitioner to be civilly liable to spouses Alonto, it

must be proven that the acts he committed had caused damage to the spouses.

Instances when the extinction of the criminal liability does not extinguish civil liability.

*reasonable doubt. When the acquittal is based that proof beyond reasonable doubt has not been

presented.

*Non-imputability. In cases of insanity, imbecility or minority.

*In actions for negligence. Civil liability may be based on quasi-delict

*Only civil liability.

*Independent civil actions. ART 31, 32, 33 and 34 of NCC.

Under the Rules of Court; Criminal Procedure.

When a criminal action is instituted, the civil action for recovery of civil liability arising from the offense

charged shall be deemed instituted with the criminal action unless:

*Offended party waives the civil action

*Offended party reserves the right to institute it separately;

*Offended party institutes the civil action prior to the criminal action.

Separate civil action.

*The filing of a criminal action is not necessary to the filing of and prosecution of a civil action, thus the

term “separate civil action”.

*However, once a criminal action has been filed, there are two scenarios that may arise

1. If the criminal action is filed ahead of the separate civil action - the separate civil action arising

therefrom cannot be instituted until final judgement has been rendered in the criminal action.

2. If the civil action is filed ahead of the criminal action – the civil action shall be suspended in whatever

stage before judgement on the merits. Suspension shall last until final judgement.

Applicability of the rules.

Identity of parties and subject matter.

The claimant in the civil action is the offended party in the criminal action and both cases arise from the

same offense or transaction.

Separate civil action

*If the offended party has reserved the right to file a separate civil action, he loses the right to intervene

in the prosecution of the criminal case.

*If the offended party is represented by a private prosecutor in the criminal case and the court did not

award any civil liability, he cannot file an independent civil action for said civil liability.

Prejudicial question

*Generally, a criminal case should be decided first before the civil action arising from the crime. An

exception to the rule is a Prejudicial Question.

*A prejudicial question is a civil case that must be decided first before the criminal action. It requires (1)

a previously instituted civil action whose issues are similar or intimately related to the issues raised in a

subsequent criminal action, and (2) the resolution of such issue determines whether the criminal action

may proceed or not. (Sec. 6, Rule 111 RRC)

*A civil action where the genuineness of a document is put in issue is prejudicial to the criminal case for

falsification of the same document.

*A petition for the annulment of a subsequent marriage on grounds of duress is a prejudicial question to

a criminal case for bigamy.

Pp vs Jadap, GR No 177983, Mar 30, 2010

As to damages, when death occurs due to a crime, the following may be awarded: (1) civil indemnity ex

delicto for death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary

damages; and (5) temperate damages.

Without need of further proof

Civil indemnity is mandatory and granted to the heirs of the victim without need of proof other than the

commission of the crime. In cases of murder and homicide, moral damages may be awarded without

allegation and proof of emotional suffering of the heirs, other than the death of the victim, since the

emotional wounds from the vicious killing of the victim cannot be denied. (Jadap)

Exemplary damages

ART 2230 of the Civil Code states that exemplary damages may be imposed when the crime was

committed with one or more aggravating circumstances, as in this case. (Jadap)

Pp vs Rante, GR No 184808, Mar. 29, 2010

Being corrective in nature, exemplary damages, therefore, can be awarded, not only in the presence of

an aggravating circumstance, but also where the circumstance of the case show the highly reprehensible

or outrageous conduct of the offender.

Simple Rape

As to the amount of damages, the Court finds as correct the award of P50,000.00 as civil indemnity and

P50,000.00 as moral damages in line with prevailing jurisprudence. (Pp vs Dalisay, GR No. 188106, Nov.

25, 2009)

*Exemplary damages in the amount of P30,000.00 was also awarded.

Qualified Rape

Civil indemnity - P75,000.00

Moral damages - P75,000.00

Exemplary - P30,000.00

Awarded without need of further proof other than the commission of the crime. (Pp vs Garcia, GR No.

177740, April 5, 2010)

Homicide; Civil Indemnity

Civil indemnity - without need of proof other than that a crime was committed resulting in the death of

the victim and that petitioner was responsible therefore – P50,000.00 (Seguritan vs Pp, GR No. 172896,

April 19, 2010)

Loss of earning capacity

The award of P135,331.00 for the loss of earning capacity was also in order. The prosecution

satisfactorily proved that the victim was earning an annual income of P14,000.00 from the harvest of

pineapples. Besides, the defense no longer impugned this award of the trial court. (Seguritan)

Actual damages; receipts

It is error for the trial court and the appellate court to award actual damages of P30,000.00 for the

expenses incurred for the death of the victim. We perused the records and did not find evidence to

support the plea fro actual damages. (Seguritan)

Temperate damages

When pecuniary loss has been suffered but the amount cannot, from the nature of the case, be proven

with certainty, temperate damages may be recovered (P25,000.00). (Seguritan)

In people vs Villanueva, we held that when actual damages proven by receipts during the trial amount

to less than P25,000.00 is justified in lieu of actual damages for a lesser amount. (Quidet vs Pp, GR No.

170289, April 8, 2010)

Actual damages

_______________

Moral damages

Moral damages was correctly awarded to the heirs of the victim without need of proof other than the

fact that a crime was committed resulting in the death of the victim and that the accused was

responsible therefor. The award of P50,000.00 as moral damages conforms to existing jurisprudence.

(Seguritan)

ART 101. The following shall be civilly liable.

*Insanity, imbecility and minority, the person having legal authority or control. If the said person can

prove that there was no fault or negligence on his part, the insane, imbecile or minor shall answer with

his own property.

*Avoidance of greater evil or injury, the person for whose benefit the harm has been prevented in

proportion to the benefit which he may have received.

*Compulsion of an irresistible force or under the impulse of an uncontrollable fear, those using violence

or causing fear shall be civilly liable.

ART 102. Subsidiary civil liability.

Innkeepers, tavern keepers, any other person where a crime is committed in their establishment.

A violation of municipal ordinance or a general or special police action is committed by tem or their

employees.

“…also subsidiarily liable…”

1. Notice in advance of the deposit of the goods.

2. Follow the directions of the innkeeper in the care and vigilance of the goods

3. The goods were taken by robbery with force upon things or theft committed within the inn or

house.

ART 103. Subsidiary civil liability of other persons.

1. Employers,

2. Teachers,

3. Persons or corporations engaged in any kind of industry

*Felony committed by servants, pupils, workmen, apprentices, or employees while in the discharge of

duties.

*Must be involved in any kind of industry.

*The felon is insolvent.

Decision convicting the employee

Binding on the employer. The decision need not expressly state the liability of the employer.

The decision regarding the civil liability is binding in the employer not only with the fact of the liability

but also with respect to the amount.

What must be proved.

1. Employer of the convicted employee.

2. Engaged in industry.

3. Crime committed in the discharge of duty.

4. Execution is unsatisfied; employee is insolvent.

Need not be in a separate civil action; hearing in the criminal action with notice to the employer.

ART 104 What is included in civil liability

1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for the consequential damages.

Restitution – return of the thing stolen in cases of theft

Reparation - in theft if the thing stolen cannot be returned, its values. In physical injuries, the expenses

for the treatment of the injuries.

Indemnification – loss of earning capacity

Civil liability vs Pecuniary Liability

Pecuniary liability (ART 38)

-reparation;

-indemnification;

-fine;

-costs.

Civil liability (ART 104)

-restitution;

-reparation;

-indemnification

ART 105 Restitution

Restitution refer to the very same thing taken/stolen.

To give something similar in kind, amount, species or quality is not restitution.

Restitution

Generally, the owner of a thing illegally taken may recover it even from a third person who has acquired

it by lawful means.

When the third person acquires the item in good faith at a public sale, the owner cannot obtain its

return without reimbursing the price paid therefore.

Restitution is no longer an option when the acquisition of the item is in the manner and under the

requirements which, by law, bar an action for recovery.

*A person who is not a party to a case cannot recover in the criminal action any indemnity from the

accused

*If A stole from B, and sold the stolen item to C. if the item is recovered from C he cannot recover from

A in case where B is the offended party.

ART 106 Reparation

Reparation will be ordered by the court if restitution is not possible.

Reparation includes any damages caused by the felonious act.

It includes the item’s special sentimental value to the injured party.

ART 107 Indemnification

Indemnification - crimes against persons

Reparation - crimes against property

Examples of Indemnification:

-expenses for hospitalization in physical injuries

-suffering of surviving family members

-loss of earning capacity

Loss of earning capacity

Both the RTC and the CA failed to consider that under ART 2206 of the Civil Code, the accused are also

jointly and severally liable for the loss of the earning capcity of Biag and such indemnity should be paid

to his heirs. (Pp vs Lagat, GR 187044, Sept 14, 2011)

ART 108 Obligation to satisfy civil liability; right to demand

Obligation - heirs of the person liable.

Right to demand – heirs of the person injured.

Obligation is dependent on what property was left by the person liable.

ART 109 Share of each person civilly liable

Courts shall determine the amount for which each person must be personally liable.

ART 111 Obligation to make restitution

……………..

ART 112. Extinction of civil liability

Same causes for the extinguishment of civil obligations.

-payment or performance;

………………………….

ART 113. Obligation to satisfy civil liability.

Notwithstanding……………