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].)
(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
(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.)