- Statute
- Philippine Revised Penal Code
- Article
- Art. 101
- Topic
- Rules regarding civil liability in certain cases
- Status
- In force, as amended
- Year
- 1930
- Cited by
- A Supreme Court decision
The provision
Art. 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, 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 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.
Intellegal Wiki · In plain terms
Being exempt from criminal punishment does not automatically erase civil liability for the harm caused. For an insane or imbecile offender, or a child of the young ages stated who acted without discernment, the duty to compensate generally falls on whoever had legal authority or control over them, unless they were without fault; failing that, the offender answers with their own non-exempt property. Those who benefited from harm caused to avoid a greater evil pay in proportion to the benefit, and anyone who used violence or instilled fear that made another act is primarily liable.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Camillo v. People G.R. No. 260353