Skip to main content

Civil Liability of a Person Guilty of a Felony


General Rule:
     Every person criminally liable for a felony  is also civilly  liable.
Exceptions:
1. Victimless crimes
2. Flight to enemy country

Effect of Acquittal 
     Extinction of penal action does not carry with it extinction of civil liabilities, unless the extinction proceeds from a declaration in final judgement that the fact frim which the civil liability might arise did not exist. (ex: Avoidance of greater evil or injury)

Effect of the Dismissal of a Case
     The dismissal of the information of the criminal action does not affect the right of the offended party to institute or continue the civil action already instituted arising from the offense because such dismissal or extinction of the penal action does not carry with it the extinction of the civil action.

Obligation to Satisfy Civil Liability
     The offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact:
1. That he has served his sentence constituting of the deprivation of liberty or other rights.
2. That he has not been required to serve the same by reason of:
     a. Amnesty
     b. Pardon
     c. Commutation of sentence
     d. Any other reason.
Labels:

Comments

Post a Comment

Popular posts from this blog

Complex Crimes and Special Complex Crimes

What is a Complex Crime?      Under Article 48 of  the Revised Penal Code, complex crimes, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as  in the conscience of the offender. Two kinds of Complex Crimes I. Compound Crime      A single act constitutes two or more grave or less grave felonies.      Requisites:      1. Only a single act is performed; and      2. Single act produces:            a. Two or more grave felonies;            b. One or more grave and one or more less grave felonies; or            c. Two or more less grave felonies. II. Complex Crime Proper      An offense is a necessary means for committing the other. The first offense must be consumated. All the offense are punishable under the same statute. ...
Post a Comment
Read more

Offenses While on a Philippine Ship or Airship

     Requisites: 1. Crime is committed on board a  private or merchant ship; 2. The ship or airship must be registered under Philippine Law; and 3. The crime must be committed while the registered Philippine ship is on international wateres. The Revised Penal Code  applies when such Philippine vessel is found within:      1. Philippine waters; or      2. The high seas. Foreign Merchant Vessels      1. The French Rule      General Rule:      Crimes committed aboard a vessel within the territorial waters of another country are not triable in the courts of that country.       Exception:      If the commission affects the peace and security of the territory or when the safety of the state is endangered.      2. English Rule      General Rule:      Crimes committed aboard a vessel within the territor...
Post a Comment
Read more

Classification of Felonies According to Gravity

1. Grave Felonies      They are felonies to which the law attaches the capital punishment or penalties which any of their periods are afflictive, in accordance with Article 25 of the Revised Penal Code.       Afflictive Periods are as follows: a. Reclusion Perpetua b. Reclusion Temporal c. Perpetual or Temporary Absolute Disqualification d. Perpetual or Temporary Special Disqualification e. Prision Mayor f. Fine of more that P6,000.00. 2. Less Grave Felonies      Felonies which the law punishes with penalties which in their maximum period are correctional.     Correctional Period are as follows: a. Prison Correctional b. Arresto Mayor c. Suspension d. Destierro e. Fine equal to or more thatn P200.00 but less that P6,000.00. 3. Light Felonies      Infractions of law for the commission of which the penalty of Arresto Menor or a fine not exceeding P200.00.
Post a Comment
Read more