Chapter Two “Commutation of Sentence”

PARTIAL EXTINCTION OF CRIMINAL LIABILITY - Refers to the reduction of the duration of a prison sentence of a
prisoner
Art. 94. Partial extinction of criminal liability. — Criminal liability is - A change decision of the court made by the Chief Executive by
extinguished partially: reducing the degree of penalty inflicted upon the convict, or by
decreasing the length of the imprisonment or the amount of the fine
1. By conditional pardon
- The degree of penalty is reduced from death penalty to reclusion
2. By commutation of the sentence
perpetua
3. For good conduct allowances which the culprit may earn while he
is serving his sentence. - “Consent of the offender is not necessary”, the public welfare
determines what shall be done
What are the causes of partial extinction of criminal liabilities?
Cases where commutation applies:
Under Section 94:
1. When the convict sentenced to death is over 70 years of age (Art 83)
a. Conditional pardon 2. When eight (8) justices of SC fail to reach a decision for the
b. Commutation of sentence affirmance of death penalty.
c. Good conduct allowance.
“Good Conduct Allowances”
In addition:
- Allowances for good conduct are deductions from the term of the
d. Parole under the ISL sentence for good behavior.
e. Probation under P.D. 968 - A prisoner is entitled to special time allowance for “loyalty”
f. Partial repeal of penal law.
“Parole”
“Conditional Pardon”
- Refers to the conditional release of an offender from a correctional
- Refers to the exemption of an individual, within certain limits or institution after he has served the minimum of his prison sentence.
conditions from the punishment which the law inflicts for the - Consists in the suspension of the sentence of a convict after serving
offense he had committed resulting in the partial extinction of his the minimum term of the indeterminate penalty
criminal liability
- The condition usually imposed upon the convict is that “he shall not If the convict fails to observe the conditions:
again violate any of the penal laws of the Philippines”
1. The Board of Pardons and Parole is authorized to direct is arrest
Nature: and return to custody
2. Carry out his sentence without deduction of the time that has
Conditional pardon delivered and accepted is considered a elapsed between the date of the parole and the subsequent arrest
“contract” between the sovereign power of the executive and the convict that
the former will release the latter upon compliance with the condition.

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Reports to be submitted on Parole/Pardonee:
1. A Progress Report- submitted by the Probation and Parole Officer to
the Board of Pardons and Parole when a parolee/pardonee commits
another offense during the period of his parole surveillance, and the
case filed against him has not yet been decided by the court
2. An Infraction Report- submitted by the Probation and Parole Officer
on violations committed by a parolee/pardonee of the conditions of
his release on parole or conditional pardon while under supervision
When parole/pardonee may be ordered arrested or recommitted.
Upon receipt of an Infraction Report, the Board may order the
arrest or recommitment of the convict. If recommitted, he shall be made to
serve the remaining unexpired portion of the maximum sentence for which
he was originally committed to prison.
Is conviction necessary to revoke parole?
The mere commission, not conviction by the court, of any crime is
sufficient to warrant parole’s arrest and reincarnation.
Conditional Pardon distinguished from Parole:
Conditional Pardon
- given at any time after final judgment, is granted by the Chief
Executive under the provisions of Administrative Code
- for violations, the convict may be ordered rearrested or
reincarcerated by the Chief Executive or may be prosecuted under
Article 159 of the Code
Parole
- given after the prisoner has served the minimum penalty, is granted
by the Board of Pardons and Parole under the provisions of the
Indeterminate Sentence Law
- for violations, the prisoner cannot be prosecuted under Article 159,
he can be reincarcerated to serve under portion of his original
penalty
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"Art. 159 . Other cases of evasion of service of sentence. — xxx. However, if the
penalty remitted by the granting of such pardon be higher than six years, the
convict shall then suffer the unexpired portion of his original sentence."
Art. 95. Obligation incurred by a person granted conditional pardon.
— Any person who has been granted conditional pardon shall incur the
obligation of complying strictly with the conditions imposed therein;
otherwise, his noncompliance with any of the conditions specified shall
result in the revocation of the pardon and the provisions of Article 159
shall be applied to him.
What are the requisites for conditional pardon?
1. It must be given after final judgment and must be accepted
because of the conditions which must be complied with strictly.
2. For, if the offender violates the condition of his pardon and the
penalty remitted is less than six years, he shall be meted an
additional penalty (revocation of pardon)
3. He becomes liable under Article 159
Condition of pardon is limited to the unserved portion of the sentence,
unless an intention to extend it beyond that time is manifest.
The duration of the conditions subsequent, annexed to a pardon,
would be limited to the period of the prisoner’s sentence, unless an intention
to extend it beyond the term of his sentence was manifest from the nature of
the condition or the language in which it was imposed.
What are the nature and effects of a conditional pardon?
A conditional pardon is a contract between the Chief Executive and
the convicted criminal to the effect that the former will release the latter
subject to the condition that if he does not comply with the terms of the
pardon, he will be recommitted to prison to serve the unexpired portion of
the sentence or an additional one.
May the grant of conditional pardon be subject to the review of the courts?
No, this exercise of presidential judgment is beyond judicial
scrutiny. The determination of the violation of the conditional pardon rests
exclusively in the sound judgment of the Chief Executive.
Is petition for writ of habeas corpus the remedy for a person incarcerated
because of violation of the terms of conditional pardon?
Habeas corpus lies only where the restraint of a person's liberty has
been judicially adjudged as illegal or unlawful. The incarceration of TT
remains legal considering that, were it not for the grant of conditional
pardon which had been revoked because of a breach thereof, the
determination of which i s beyond judicial scrutiny.
What are the effects of conditional pardon as to the civil liability?
A conditional pardon does not extinguish the civil liability arising
from the crime.
What is the consequence of a violation of the conditions of conditional
pardon?
The convict may be ordered rearrested or reincarcerated by the Chief
Executive or may be prosecuted under Article 159 of the Code
Who determines if there is violation of conditional pardon?
The President solely determines if there is violation of conditional
pardon. He can order the offender's arrest and incarceration pursuant to the
RAC; or offender can be prosecuted under Article 159.
Art. 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.
Art. 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
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2. During the 3rd to the 5th 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 10th year, inclusive, of his
imprisonment, he shall be allowed a deduction of ten days for
each month of good behavior
4. During the 11th and successive years of his imprisonment, he shall
be allowed a deduction of fifteen days for each month of good
behavior.
Amendments introduced by R. A No. 10592 to Article 97
1. Allowance for good conduct also granted to detention prisoners.
- Prior to its amendments, allowance for good conduct was not
granted to detention prisoners. In the evaluation of their petition for
parole or executive clemency where the eligibility depends on the
period of time served, the release of a detention prison is
correspondingly delayed for a period equal to the good time
allowance he could have earned had he been under confinement by
virtue of conviction by final judgment.
2. Increase in deduction from period sentence - The deduction from the
period of a prisoner’s sentence was increased from;
a. 5 to 20 days; for first 2 years of imprisonment
b. 8 to 23 days; from 3rd to 5th year of imprisonment
c. 10 to 25 days; from 6th to 10th year of imprisonment
d. 15 to 30 day; 11th and successive years of imprisonment
3. Additional deduction granted – An additional deduction is granted
of 15 days is granted for each month of study, teaching, or mentoring
rendered.
4. Effect on appeal – An appeal of the accused shall not deprive him of
entitlement to the above allowances for good conduct
No allowance for good conduct while prisoner is released under
conditional pardon.
Reason: Good conduct allowance is given in consideration of the good
conduct observed by the prisoner while serving his sentence. The phrase “any
prisoner’ in Art. 97 is regarded as referring only to a prisoner serving his
sentence.
Art. 98 . Special time allowance for loyalty. — A deduction of 1/ 5 of the
period of his sentence shall be granted to any prisoner who, having evaded
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.
A deduction of 2/5 of the period of his sentence shall be granted in
case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in
Article 158 of this Code.
This article shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence. (as amended by R. A No.
10592)
Note:
 A higher special time allowance is given to those who chose to stay
in the place of confinement
 The deduction is based on the original sentenced
 The deduction applies to all prisoners – whether undergoing
preventive imprisonment or serving sentence
When is special time allowance given?
There must be the following requisites:
1. The occurrence of disorder resulting from a conflagration, earthquake,
explosion or similar catastrophe or a mutiny in which the prisoner did
not participate
2. The convict must evade the service of his sentence
3. He must give himself up within 48 hours after the issuance of a
proclamation by the Chief Executive announcing the passing away of
such calamity.
What calamities are covered in Article 158?
Article 158 covers disorders resulting from conflagration,
earthquake, explosion, or similar catastrophe (such as volcanic eruption,
landslide) and mutiny. Under the principle of ejusdem generis, only
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circumstances of a nature similar to those previously enumerated shall be
covered by the general term of "similar catastrophe.”
How is evasion committed in Article 158?
Evasion lies in the failure to return, not in leaving the penal
establishment because leaving is encouraged in cases of disorders
enumerated therein. This is shown by the fact that there is premium for those
who leave and thereafter return after the disorder ceases but none for those
who did not leave. Thus:
1. Leaving without returning within the time period
prescribed — 1/5 addition to the remaining sentence
which should not be more than six months, that is, 1/5 of
the balance of the sentence to be served or six months
whichever is lesser
2. Not leaving — no deduction, no addition to the penalty
3. Leaving and returning within the period prescribed — 1/5
deduction from his sentence as provided under Article 98.
Art. 99 . Who grants time allowances. — Whenever lawfully justified, the
Director of Prisons shall grant allowances for good conduct. Such
allowances once granted shall not be revoked.
Note: Allowance for good conduct is not an automatic right, it cannot be
revoked once granted.
Good conduct allowance may be granted by:
1. The Director of the Bureau of Corrections under “DOJ”– those serving
prison terms of more than three years
2. The provincial govt’s – those serving prison terms of more than six
months to three years
3. The Chief of the Bureau of Jail Managemenet and Penology under
“DILG” – those serving prison terms of one day to nor more than six
months in municipal jails and not more than three years in city jails
 TITLE FIVE
CIVIL LIABILITY
Chapter One
PERSONS CIVILLY LIABLE FOR FELONIES
General rule, two classes of injuries:
1. Social injury- produced by disturbance or alarm; repaired through
the imposition of corresponding penalty
2. Personal injury- caused to the victim of a crime who may suffered
damage to his person, property, owner or her chastity- repaired
through indemnity (civil in nature)
Art. 100. Civil liability of a person guilty of felony. — Every person
criminally liable for a felony is also civilly liable.
What is the basic principle in civil liability ex-delicto?
“Every person criminally liable is also civilly liable, crime being one
of the five sources of obli gation under the Civil Code.” However, if a person
is acquitted from a criminal charge, it does not mean that he is civilly free
also because the quantum of proof required in criminal prosecution is
beyond reasonable doubt whereas, in civil liability, it is merely
preponderance of evidence. To be free from civil liability on account of
acquittal, therefore, this must be based on the fact that he did not commit the
offense. Civil liability may be expressly waived by the offended.
What are damages that may be recovered in criminal cases?
1. In crimes against property - Damages based on the price of the thing
and its special sentimental value to the injured party if the thing
itself cannot be restored
2. In crimes against persons – In crimes of “physical injuries”, the
injured party is entitled to be paid for whatever he spent for
treatment, doctor’s fees, medicine, and as well as the salary or wages
unearned because of inability to work due to his injuries.
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Moral damages – may be recovered in the crimes of seduction, abduction,
rape or other lascivious acts, adultery or concubinage illegal or arbitrary
detention or arrest, illegal search, libel, slander or any other form of
defamation, and in malicious prosecution
Exemplary damages – imposed when the crime was committed with one or
more aggravating circumstances
“Civil liability ex delicto for death caused by a crime has been raised to
P75,000”, in addition;
1. The defendant shall be liable “for the loss of the earning capacity” of
the deceased, unless the deceased, on account of permanent physical
disability not caused by the defendant, had no earning capacity
2. He shall be liable to give support “if the deceased was obliged to
give support” under article 291 of the New Civil Code, to “one not
an heir of the deceased”
3. He shall pay “moral damages” for mental anguish to the spouse,
legitimate and illegitimate descendants and ascendants
When death occurs as a result of a crime, the heirs of the deceased are
entitled to what items of damages?
"A separate civil action lies against the offender in a criminal act,
whether or not he is criminally prosecuted and found guilty or acquitted,
provided that the offended party is not allowed, if he is actually charged also
criminally to recover damages on both scores. In such eventuality, he would
be entitled only to the bigger award of the two, assuming the awards made
in the two cases vary.
Civil liability may exist, although the accused is not held liable criminally
liable in the following cases:
1. Acquittal on reasonable doubt
2. Acquittal from a cause of non-imputability
3. Acquittal in the criminal action for negligence does not preclude the
offended party from filing a civil action to recover damages, based
on the new theory that the act is a quasi-delict
4. When there is only civil responsibility
5. In cases of independent civil actions
Attachment in criminal cases.
As provided in Rule 111, the offended party may have the property of the
accused attached as security from the satisfaction of any judgment that may
be recovered from the accused in the following cases:
1. When the accused is about to abscond from the Philippines
2. When the criminal action is based on a claim for money or property
embezzled or fraudulently misapplied or converted to the use of the
accused who is a public office, officer of a corporation, attorney,
factor, broker, agent or clerk, in the course of his employment as
such , or by any other person in a fiduciary capacity or for a willful
violation of duty
3. When the accused has concealed, removed or disposed of his
personal property, or is about to do so
4. When the accused resides outside the Philippines
What is the effect of acquittal of the accused in a criminal action?
Acquittal in a criminal action bars the civil action arising therefrom where
the judgment of acquittal holds that:
1. The accused did not commit the acts imputed to him
2. He was not guilty of criminal or civil negligence.
But, his acquittal will NOT bar a civil action in the following cases:
1. Where the acquittal is based on reasonable doubt as only a
preponderance of evidence is required in civil cases
2. Where the court declared that accused's liability is not criminal but
only civil in nature
3. Where the civil liability does not arise from or is not based upon the
criminal act of which the accused was acquitted
Reservation of the right to institute separate civil action is necessary in the
following cases:
1. In any cases referred to in Article 32, Civil Code
2. In cases of defamation, fraud, and physical injuries
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3. When the civil action is against a member of a city or municipal
police force for refusing or failing to render aid or protection to any
person in case of danger to life or property (Art 34 Civil Code)
4. In an action for damages arising from fault or negligence, there being
no pre-existing contractual relation between relation between the
parties- “quasi-delict” (Article 2176 Civil Code)
Compare the effect of death on liability ex-delicto and civil liability based
on quasi-delict?
"Acquittal of the accused, even if based on a finding that he is not
guilty, does not carry with it the extinction of the civil liability based on
quasi-delict." The extinction of civil liability referred to in paragraph [b],
Section 2, Rule 111, refers exclusively to civil liability founded in Article 100
of the RPC. The civil liability for the same act considered quasi-delict only
and not as a crime is not extinguished even by a declaration in the criminal
case that the criminal act charged has not happened or has not been
committed by the accused. 'The civil case for damages is not barred since the
cause of action of the heirs is based on quasi-delict.
Can the court trying a criminal case award damages to the accused in a
counterclaim in the same case?
No. A court trying a criminal case cannot award damages in favor of
the accused because its task is limited to determining the guilt of the accused
and if proper, to determine his civil liability.
“Prejudicial question”
A prejudicial question is one which arises in a case, the resolution of
which is a logical antecedent of which pertains to another tribunal.This is
another exception to the rule that the criminal action shall be decided first
and that the civil action should be suspended.
Elements:
1. The prejudicial question must be determinative of the case before the
court
2. Jurisdiction to try the said question must be lodge in another
tribunal
Art. 101. Rules regarding civil liability in certain cases. — The exemption Civil liability of persons exempt from criminal liability.
from criminal liability established in subdivisions 1, 2, 3, 5, and 6 of
Article 12 and in subdivision 4 of Article 11 of this Code does not include Exemption from criminal liability does not include exemption from civil
exemption from civil liability, which shall be enforced subject to the liability.
following rules:
Exceptions:
First: In cases of subdivisions 1 , 2 , and 3 of Article 12 , the civil liability
for acts committed by an imbecile or insane person, and by a person under 1. There is no civil liability in paragraph 4 of Article 12 which provides
9 years of age, or over 9 but under 15 years of age, who has acted without for injury caused by mere accident.
discernment, shall devolve upon those having such a person under their 2. There is no civil liability in paragraph 7 of Article 12 which provides
legal authority or control, unless it appears that there was no fault or for failure to perform an act required by law when prevented by
negligence on their part. some lawful or insuperable cause.

Should there be no person having such insane, imbecile, or minor
under his authority, legal guardianship, or control, or if such person be
insolvent, said insane, imbecile, or minor shall respond with their own
property, excepting property exempt from execution, in accordance with the
civil law.
Second: In cases falling within subdivision 4 of Article 11, the persons for
whose benefit the harm has been prevented shall be civilly liable in
proportion to the benefit which they may have received.
The courts shall determine, in their sound discretion, the
proportionate amount for which each one shall be liable.
Who are civilly liable for acts of an insane or minor, exempt from criminal
liability?
It shall devolve upon the persons having legal authority or control
over them, if the latter are at fault or negligent.
Art. 102 . Subsidiary civil liability of innkeepers, tavernkeepers, and
proprietors of establishments. — In default of the persons criminally liable,
innkeepers, tavernkeepers, and any other persons or corporations shall be
civilly liable for crimes committed in their establishments, in all cases
where a violation of municipal ordinances or some general or special
police regulations shall have been committed by them or their employees.

Innkeepers are also subsidiarily liable for the restitution of goods

When the respective shares cannot be equitably determined, even
taken by robbery or theft within their houses from guests lodging therein,
approximately, or when the liability also attaches to the Government, or to
or for the payment of the value thereof, provided that such guests shall
the majority of the inhabitants of the town, and, in all events, whenever the
have notified in advance the innkeeper himself, or the person representing
damage has been caused with the consent of the authorities or their agents,
him, of the deposit of such goods within the inn; and shall furthermore
indemnification shall be made in the manner prescribed by special laws or
have followed the directions which such innkeeper or his representative
regulations.
may have given them with respect to the care of and vigilance over such
Third: In cases falling within subdivisions 5 and 6 of Article 12, the goods. No liability shall attach in case of robbery with violence against or
persons using violence or causing the fear shall be primarily liable and intimidation of persons unless committed by the innkeeper's employees.
secondarily, or, 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.

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Elements under paragraph 1:
1. That the innkeepers, tavernkeepers or proprietor of establishments
or his employee committed a violation of municipal ordinance or
some general or special police regulations
2. That a crime is committed in such inn, tavern or establishment
3. That the person criminally liable is insolvent
Elements under paragraph 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 guests followed the directions of the innkeeper or his
representative 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
Give the rules on civil liability in particular cases.
A. A person insane, imbecile, under 9, or over 9 but under 15 (Article
12, nos. 1 , 2 , and 3):
1. Primary liability is on the person who has control or authority
over them, unless he is without fault or negligence
2. Secondary liability is on the property of the minor or insane, if
there be no such person, or if he is insolvent, except property
exempt from liability.
B. One who avoided a greater evil or injury (Article 11 , no. 4):
Primary liability is on the one who benefited from such avoidance. If
there were several persons benefited, the court shall determine their
proportionate share.
C. In irresistible force or uncontrollable fear (Article 12, nos 5 and 6):
1. Primary liability is on the person employing the force or causing the
fear
2. Secondary liability is on the person doing the act, save for their
property exempt from execution.
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Art. 103 . Subsidiary civil liability of other persons. — The subsidiary civil
liability established in the next preceding article shall also apply to
employers, teachers, persons, and corporations engaged in any kind of
industry for felonies committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their duties.
Elements:
1. The employer, teacher, persons or corporation is engaged in any
kind of industry.
2. Any of their servants, pupils, workmen, apprentecises or employees
commits a felony while in the discharge of his duties
3. The said employee is insolvent and has not satisfied his civil liability
“Industry”
Is any department or branch of art, occupation or business. An
enterprise not conducted as a means of livelihood or for profit does not come
within the meaning of the term “business”, “trade” or “industry”
What is the statutory basis for an employer’s subsidiary liability?
The statutory basis is found in Article 103. Courts have since
sanctioned the enforcement of this subsidiary liability in the same criminal
proceedings in which the employee is adjudged guilty, on the thesis that it
really is a part of, and merely an incident in, the execution process of the
judgment.
Who are the persons subsidiarily liable for criminal offenses?
 Innkeepers and Tavern keepers and proprietors of establishments
(Article 102)
 Employers, teachers, persons, and corporations engaged in any kind
of industry for crimes committed by their servants, pupils, workmen
or employees, respectively (Article 103)
This subsidiary liability is based on employer-employee relationship.
The employer should be engaged in any kind of industry, which means a
habitual undertaking for profit where labor and capital are utilized.
What are the requirements for subsidiary liability of the persons Chapter Two
subsidiarily liable?
WHAT CIVIL LIABILITY INCLUDES
The employer's subsidiary liability authorized under Article 103 is
enforceable in the same criminal proceeding where the award is made. Art. 104 . What is included in civil liability. — The civil liability
Before execution against an employer ensues, there must be a hearing set to established in Articles 100, 101, 102 , and 103 of this Code includes:
determine:
1. Restitution (to restore the real property occupied)
1. The existence of an employer-employee relationship 2. Reparation of the damage caused (to repair the damages caused to it)
2. That the employer is engaged in some kind of industry 3. Indemnification for consequential damages (to indemnify the offended
3. That the employee is adjudged guilty of the wrongful act and party for all the consequential damages he has sustained due to the
found to have committed the offense in the discharge of his commission of the crime)
duties (not necessarily any offense he commits while in the
Examples of –
discharge of such duties)
4. That said employee is insolvent as shown by the nonsatisfaction 1. Restitution – in theft the culprit is duty-bound to return the property
of the execution against the employee (Basilio v. CA, March stole
2001) 2. Reparation – in cases of “inability to return the property stolen” the
5. The decision of conviction must have attained finality culprit must pay the value of the property stolen
- in cases of “physical injuries” the reparation of the damage caused
What are instances when the existence of the employer-employee
would consist in the payment of hospital bills and doctor’s fees to
relationship may be determined?
the offender party
1. During the criminal proceeding 3. Indemnification for consequential damages – the loss of his salary or
2. During the proceeding for the execution of the judgment earning

Is there a need for the court to pronounce subsidiary liability of the When property taken away is not covered, the court must order the accused
employer? to restore it to its owner or, as an alternative, to pay its just value.

No, because the provisions of Articles 102 and 103 are ipso facto Compare Articles 38 and 104.
applicable once the requisites therefor are satisfied.
There are only two pecuniary liabilities in favor of the offended party —

[1] Restitution or reparation and [2] indemnification. Reparation shall only

be made if restitution is not possible. This is in accord with Article 38, which
states that the pecuniary liabilities owing to the offended party are
reparation of the damage caused and indemnification of consequential
damages.

Art. 105 . Restitution — How made. — 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.

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 The thing itself shall be restored, even though it be found in the
possession of a third person who acquired it by lawful means, saving to
the latter his action against the proper person who may be liable to him.
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.
NOTE:
 Restitution cannot be ordered before final judgment
 Restitution may be ordered, even if accused is acquitted, provided
the offense is proved and it is shown that the things belongs to
somebody else
 When a crime is “not against property”, no restitution or reparation
of the thing can be done
Art. 106 . Reparation — How made. — The court shall determine the
amount of damage, taking into consideration the price of the thing,
whenever possible, and is special sentimental value to the injured party,
and reparation shall be made accordingly.
What reparation includes:
1. The repair of the material damage caused by the robbers in breaking
doors, wardrobes, etc., in addition to the value of the thing taken, may
be assessed and included as part of the reparation to be paid by the
robbers
2. In rape case, the accused was ordered to pay the value of the
woman’s torn garments
Art. 107. Indemnification— What is included. — Indemnification of
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 – refers to crime against persons
Reparation – refers to crimes against property
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What is the relationship between the Civil Code and the Revised Penal
Code on civil liability for the commission of crime?
Article 2206 provides for the amount of damages for death caused by a crime
or quasi-delict. In addition, it grants to the offended and others affected
indemnity for loss of the earning capacity of the deceased paid to the heirs of
the latter; support, if the deceased was obliged to give it according to Article
291; and moral damages to the spouse, legitimate and illegitimate
descendants and ascendants of the deceased for mental anguish by reason of
death.
Article 2219 provides for the situations when moral damages may be
recovered such as:
(1) A criminal offense resulting in physical injuries
(2) Quasi-delicts causing physical injuries
(3) Seduction , abduction , rape , or other lascivious acts
(4) Adultery or concubinage
(5) Illegal or arbitrary detention or arrest
(6) Illegal search
(7) Libel, slander or any other form of defamation
Damages recoverable in case of death: (Reyes Book)
1. Civil liability ex-delicto
2. For the loss of earning capacity of the deceased
3. Support in favor of a person to whom the deceased was obliged to
give, such person not being an heir of the deceased
4. Moral damages for mental anguish in favor of spouse, descendants
and ascendants of the deceased
5. Exemplary damages in certain cases
When an unlawful act results in death, what are the civil obligations of the
offender? (Boado Book)
When the commission of a crime results in death, the civil
obligations are governed by 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 Book IV, regulating damages.
(Article 1161). The following are the items of damages the offender shall be
liable to the offended party:
1. Indemnity for the death of the victim of the offense — fixed by the
Court without the need of any evidence or proof of damages, and
even though there may have been mitigating circumstances
attending the crime
2. Indemnity for loss of earning capacity of the deceased — fixed
according to the circumstances of the deceased related to his actual
income at the time of death and his probable life expectancy. The
indemnity is assessed and awarded by the court as a matter of duty,
unless the deceased had no earning capacity at said time on accoun t
of permanent disability not caused by the accused.
If the deceased was obliged to give support, under Article 291, Civil
Code, the recipient who is not an heir , may demand support from
the accused for not more than five years, the exact duration to be
fixed by the court.
3. Moral damages for mental anguish — may be recovered even by the
illegitimate descendants and ascendants of the deceased. (usually if
there aggravating circumstances)
4. Exemplary damages, when the crime is attended by one or more
aggravating circumstances — fixed in the discretion of the court, to
be considered separate from fines.
5. Attorney's fees and expenses of litigation — the actual amount
thereof (but only when a separate civil action to recover civil liability
has been filed or when exemplary damages are awarded.)
The recovery of attorney's fees in the concept of actual or
compensatory damage is allowed under the circumstances provided
for in Article 2208 of the Civil Code, one of which is “when the court
deems it just and equitable that attorney's fee s and expenses of
litigation should be recovered”
6. Interest s in proper cases. In addition to the above is either of the
following alternative items of damages
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7. Actual damages which must be supported by receipts such as
hospitalization and funeral expenses, or temperate damages to
substitute for actual damages.
The indemnities for loss of earning capacity of the deceased and for
moral damages are “recoverable separately from and in addition to the
fixed sum corresponding to the indemnity for the sole fact of death,” and
that these damages may be increased or lessened according to the
mitigating or aggravating circumstances.
If the heirs cannot produce receipts to prove actual damages, what may be
granted by the court as substitute?
Temperate damages may be granted instead.
“Temperate Damages”
Under Article 2224 of the Civil Code, temperate or moderate
damages (which are more than nominal but less than compensatory
damages) may be recovered when the court finds that some pecuniary loss
was suffered but its amount cannot be proved with certainty.
Temperate damages may be awarded if income of victim is not
sufficiently proven.
“Moral Damages”
Moral damages may be recovered in the following and analogous cases:
1. A criminal offense resulting in physical injuries
2. Seduction, abduction, rape or other lascivious acts
3. Adultery or concubinage
4. Illegal or arbitrary detention or arrest
5. Illegal search
6. Libel, slander, or any form of defamation
7. Malicious prosecution
“Exemplary Damages”
Imposed by way of example or correction for the public good, in
addition to moral, temperate, liquidated or compensatory damages.
How is life expectancy computed? (Boado) When are moral damages not imposed on the convict for homicide?

The life expectancy [LE] is equivalent to 2/3 the difference of 80 and the age When the victims not only contributed but they actually provoked
of the deceased. Thus, the attack or contributed to the defendants reaction.

LE = 2/3 x [80 - age at death] When is exemplary damages imposed?

Net earning capacity [NEC] is the remainder if the gross annual income The grant of exemplary damages is called for by the circumstances of
[GAI] is reduced by the necessary living expenses [NLE] which is 50% of the the case. Under Article 2229, in addition to the award of moral damages,
GEC. Thus, exemplary or corrective damages may be adjudged “in order to deter the
commission of similar acts in the future.”
NEC = GEC - NLE
The award for exemplary damages is designed “to permit the courts
NLE = GEC X 50% (o r GAI) to mould behavior that has socially deleterious consequences.” Its imposition
is required by public policy to suppress the wanton acts of an offender.
The life expectancy is then multiplied by the net earning capacity to
determine the total net earning capacity What are the civil liabilities in rape?

How is net earning capacity computed?
Formula for computing said damages: net earning capacity = life expectancy
multiplied by gross annual income less necessary living expenses which is
50% of GAI,
(NEC= LE x NLE
2
= { x [80-age] x {GAI-
3 What is the civil liability of a person convicted of rape when an offspring
2 𝐺𝐴𝐼
or x [80 - age] | x | |
3 2
Art. 108 . Obligation to make restoration, reparation for damages, or
indemnification for consequential damages and action 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.
In rape, civil indemnity to the offended woman for the wrong done
to her is separate and distinct from the award of moral damages. The
indemnity provided in criminal law as civil liability, is the equivalent of
actual or compensatory damages in civil law, and is distinct from moral
damages. As currently fixed, the indemnity for rape is P50,000 but if
qualified by any of the circumstances which would justify the imposition of
the [death] penalty , the indemnity shall be not less than P75,000.
result from the rape?
Article 345 provides that persons guilty of rape, seduction or abduction shall
be sentenced to:
(a) indemnify the offended woman
(b) acknowledge the offspring, unless the law should prevent him from
doing so
(c) in every case to support the offspring.
Under Article 283 , the father is obliged to recognize the child as his
natural child in cases of rape, abduction, and seduction when the period of
the offense coincides, more or less, with the period of conception. It has been

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held, however, that acknowledgment is disallowed if the offender is a
married man, with only support for the offspring as part of the sentence.
Under Article 176 of the Family Code confers parental authority over
illegitimate children on the mother and likewise provides for their
entitlement to support in conformity therewith. As such there is no more
need for the prohibition against acknowledgment of the offspring of the
offender who is a married man, which would vest parental authority in him.
Under Article 345 , a married offender in a rape case can only be
sentenced to indemnify the victim and support the offspring, if there be any .
When is compulsory acknowledgement of the offspring of rape proper?
Not criminally liable.
The person who “participated gratuitously” in the proceeds of a
felony referred to in this article is not criminally liable.
Participated gratuitously – an innocent person who has participated in the
proceeds of a felony through the liberality of the offender.
Must not be an accessory.
If the person who participated gratuitously in the proceeds of the
felony knew that the property came from an illegal source, “he is an
accessory” and he is not only civilly liable but criminally liable.

Compulsory acknowledgment, as well as the support of the child is

indeed proper there being no legal impediment in doing so, as it appears that
Chapter Three
complainant and appellant are both single.
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
Art. 109 . Share of each person civilly liable. — I f there are two or more
persons civilly liable for a felony, the courts shall determine the amount Art. 112 . Extinction of civil liability. — Civil liability established in
for which each must respond 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
Art. 110. Several and subsidiary liability of principals, accomplices, and
Law.
accessories of a felony — Preference in payment. — Notwithstanding the
provisions of the next preceding article, the principals, accomplices, and Civil liability is, therefore, extinguished:
accessories, each within their respective class, shall be liable severally (in
solidum) among themselves for their quotas, and subsidiarily for those of 1. by payment or performance
the other persons liable. 2. by the loss of the thing due
3. by the condonation or remission of the debt
The subsidiary liability shall be enforced, first against the 4. by the confusion or merger of the rights of creditor and debtor
property of the principals; next, against that of the accomplices; and lastly, 5. by compensation
against that of the accessories. 6. by novation
Whenever the liability in solidum or the subsidiary liability has Civil liability may arise from –
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. 1. crime
2. breach of contract (culpa contractual)
Art. 111 . Obligation to make restitution i n a certain case. — Any person
3. tortious act (culpa aquilina)
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.

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Offender is civilly liable even if stolen property is lost by reason of
“force majeur”

Where it appears that a person has been deprived of the possession of his
property, the malefactor is responsible to the owner either

(1) for the return of the property

(2) for the payment of its value if cannot be returned

Art. 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 not been
required to serve the same by reason of amnesty, pardon, commutation of
sentence or any other reason.

What should be the effect of a decision in a criminal prosecution on the

criminal and civil liability of the accused?

As a rule, a criminal prosecution includes a civil action for the

recovery of indemnity. Hence, a decision in such case disposes of both the
criminal as well as the civil liabilities of an accused.

Is a court-approved compromise agreement as to the civil liability entered

into by the culprit's lawyer without his express authorization valid?

Without a special power of attorney, the counsel for the accused

cannot bind nor compromise his client's civil liability. Both Article1878 of the
Civil Code and Section 23 of Rule 138 o the Rules of Court require a special
authority from the client for an attorney to validly compromise his client's
liability.

Application for probation affects only the criminal aspect of the case.

Probation – a disposition under which a defendant, after conviction and

sentence, is released subject to conditions imposed by the Court and to the
supervision of a probation officer

14 Castañeda-Meredores- Rivera| Revised Penal Code (Reyes and Boado)