Criminal and Civil Liability

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24 Questions

What does criminal liability include according to the Revised Penal Code?

Restitution, reparation of the damage caused, and indemnification for consequential damages

What is the purpose of criminal liability?

Punishment

What is the standard of proof in criminal liability?

Beyond reasonable doubt

Can criminal liability be compromised?

No

What is restitution in criminal liability?

Restoration of property previously taken away

What is included in indemnification for consequential damages?

Damages suffered by the family of the injured party or by a third person

What is the effect of acquittal in a criminal case?

No civil liability

What is the purpose of civil liability?

Indemnification

What is the relationship between criminal liability and civil liability according to Article 100 of the RPC?

A person criminally liable for a felony is also civilly liable.

What is the principle governing quasi-contracts, according to Article 1162?

No one will be unjustly enriched or benefited at the expense of the other.

In what circumstances can obligations arise from civil liability, according to the text?

When a criminal offense is committed, resulting in damage to another.

What is the significance of Article 2177 of the Civil Code in relation to delicts?

It is a pertinent provision governing delicts, subject to the RPC and other penal laws.

How are unauthorized insertions in a valid contract treated, according to the text?

They are disregarded, and the original terms and stipulations are considered valid and subsisting.

What is the purpose of compliance in good faith, according to the text?

To ensure performance in accordance with the stipulations or terms of the contract or agreement.

What is the nature of obligations derived from quasi-contracts, according to Article 1160?

They are subject to the provisions of Chapter 1, Title 17 of the Civil Code.

What is the principle underlying the concept of quasi-delicts or torts, according to the text?

Damage caused to another through an act or omission, with no contractual relation between the parties.

What is the duty of an individual who receives an extra P60 from a storekeeper due to an error in changing a P500 bill?

to return the extra P60

Which article of the Civil Code regulates damages?

Article 2177

What is the basis of delicts?

Intent

What type of liability arises from criminal offenses?

Civil liability

What is the difference between public and private interest in terms of quasi-delicts?

Quasi-delicts affect private interest, while delicts affect public interest

What is the meaning of negligence in the context of civil liability?

Omission of diligence required by the nature of the obligation and corresponding to the circumstances of the person, time, and place

What is the basis of quasi-delicts?

Negligence

What is the purpose of indemnification in the context of civil liability?

To provide restitution for damages caused by an individual's negligence or intentional actions

Study Notes

Criminal and Civil Liability

  • A person criminally liable for a felony is also civilly liable (Article 100, RPC)

Criminal Liability

  • Includes:
    • Restitution: restoration of property, even if found in possession of a third person
    • Reparation of damage caused: determined by the court
    • Indemnification for consequential damages: includes damages suffered by family or third parties

Delicts (Obligation ex Maleficio or Ex Delicto)

  • Arise from civil liability as a consequence of a criminal offense
  • Governing rules:
    • Pertinent provisions of the RPC and other penal laws
    • Chapter 2, Preliminary Title, on Human Relations (Civil Code)
    • Title 18 of Book IV of the Civil Code – on damages

Quasi-Delicts (Obligation ex Quasi-Delicto or Ex Quasi-Maleficio)

  • Arise from damage caused to another without contractual relation
  • Governing rules:
    • Article 1162
    • Requisites:
      • Omission
      • Negligence
      • Damage caused to the plaintiff
      • Direct relation between omission and damage
      • No pre-existing contractual relations between parties

Compliance in Good Faith

  • Compliance or performance in accordance with contract or agreement stipulations

Falsification of a Valid Contract

  • Unauthorized insertions will be disregarded; original terms and stipulations remain valid

Quasi-Contract

  • Juridical relation resulting from lawful, voluntary, and unilateral acts
  • Purpose: no one will be unjustly enriched or benefited at the expense of the other

This quiz covers the concepts of criminal and civil liability, including the principles of indemnification and punishment under the Revised Penal Code.

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