Article 17Act No. 3815, Sec./Art. 17

Principals.-The following are considered principals:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it;

3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

municipal or city jail shall grant allowances for good

conduct. Such allowances once granted shall not be

revoked. (as amended by Republic Act No. 10592, [May 29,

2013])

Title Five CIVIL LIABILITY

Chapter One PERSON CIVILLY LIABLE FOR

FELONIES

Article 100. Civil liability of a person guilty of felony. -

Every person criminally liable for a felony is also civilly

liable.

Article 101. Rules regarding civil liability in certain cases. -

The

exemption

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 civil liability, which shall be enforced subject to the

following rules:

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 nine years of age, or by

one over nine but under fifteen years of age, who has

acted without discernment, shall devolve upon those

having such person under their legal authority or control,

unless it appears that there was no fault or negligence on

their part.

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,

except 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 sound discretion, the

proportionate amount for which each one shall be liable.

When

the

respective

shares

cannot

be

equitably

determined, even approximately, or when the liability also

attaches to the Government, or to the majority of the

inhabitants of the town, and, in all events, whenever the

damages have been caused with the consent of the

authorities or their agents, indemnification shall be made

in the manner prescribed by special laws or regulations.

Third. In cases falling within subdivisions 5 and 6 of Article

12, the persons using violence or causing the fears shall be

primarily liable and 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.

Article 102. Subsidiary civil liability of innkeepers, tavern

keepers and proprietors of establishments. - In default of

the persons criminally liable, innkeepers, tavern keepers,

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 regulation shall have been

committed by them or their employees.

Innkeepers are also subsidiarily liable for the restitution of

goods taken by robbery or theft within their houses from

guests lodging therein, or for the payment of the value

thereof, provided that such guests shall have notified in

advance

the

innkeeper

himself,

or

the

person

representing him, of the deposit of such goods within the

inn; and shall furthermore have followed the directions

which such innkeeper or his representative may have

given them with respect to the care and vigilance over

such goods. No liability shall attach in case of robbery

with violence against or intimidation of persons unless

committed by the innkeeper's employees.

Article 103. Subsidiary civil liability of other persons. - The

subsidiary 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.

Chapter Two WHAT CIVIL LIABILITY INCLUDES

Article 104. What is included in civil liability. - The civil

liability established in Articles 100, 101, 102, and 103 of this

Code includes:

1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for consequential damages.

Article 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.

The thing itself shall be restored, even though it be found

in the possession of a third person who has 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.

Article 106. Reparation; How made. - The court shall

determine

the

amount

of

damage,

taking

into

consideration the price of the thing, whenever possible,

and its special sentimental value to the injured party, and

reparation shall be made accordingly.

Article

107.

Indemnification;

What

is

included.

-

Indemnification for 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.

Article 108. Obligation to make restoration, reparation

for

damages,

or

indemnification

for

consequential

damages and actions 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.

Article 109. Share of each person civilly liable. - If there

are two or more persons civilly liable for a felony, the

courts shall determine the amount for which each must

respond.

Article 110. Several and subsidiary liability of principals,

accomplices and accessories of a felony; Preference in

payment. - Notwithstanding the provisions of the next

preceding

article,

the

principals,

accomplices,

and

accessories, each within their respective class, shall be

liable severally (in solidum) among themselves for their

quotas, and subsidiaries for those of the other persons

liable.

The subsidiary liability shall be enforced, first against the

property of the principals; next, against that of the

accomplices, and, lastly, against that of the accessories.

Whenever the liability in solidum or the subsidiary liability

has 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.

Article 111. Obligation to make restitution in certain

cases. - Any person 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.

© Compiled By RGL

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