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If a felony is committed by means of deceit it is dolo or otherwise known as intentional felonies such as robbery. If it is committed by means of fault, then it is culpa or otherwise known as culpable felonies such as reckless imprudence resulting in damage to properties. There is dolo if there exist malice or deliberate intent. There is culpa when the felony results from negligence, imprudence, lack of foresight or lack of skill. In intentional felonies, there is criminal intent in the mind of the offender. In culpable felonies, there is no criminal intent in the mind of the offender but his acts or omissions are still punished by law because of the damages or injury caused to others as a result of his negligence, imprudence, lack of skill or lack of foresight. How to determine if a felony is intentional? There is deliberate intent in the commission of a felony if the offender, in doing the act or in omitting to do an act, has done so with FREEDOM, INTELLIGENCE, and INTENT. 1. Freedom When a person acts without freedom the law looks at him as a mere tool. And as such, his liability is likened to the knife that wounds, or of the torch that sets fire, or of the key that opens a door, or of the ladder that is placed against the wall of a house in committing robbery. 2. Intelligence If a person acted without intelligence in committing a felony, then no crime exists. This requisite is necessary to determine the morality of human acts. Hence, the law exempts certain classes of persons from criminal liability such as minors (15 below) and insane persons. 3. Intent Intent to commit the act with malice, being purely a mental process, is presumed and the presumption arises from the
Torts and Damages Civil Liability from Quasi Delicts vs Civil liability from Crimes
At about 1:30am on May 3, 1936, Fontanillas taxi collided with a kalesa thereby killing the 16 year old Faustino Garcia. Faustinos parents filed a criminal suit against Fontanilla and reserved their right to file a separate civil suit. Fontanilla was eventually convicted. After the criminal suit, Garcia filed a civil suit against Barredo the owner of the taxi (employer of Fontanilla). The suit was based on Article 1903 of the civil code (negligence of employers in the selection of their employees). Barredo assailed the suit arguing that his liability is only subsidiary and that the separate civil suit should have been filed against Fontanilla primarily and not him. ISSUE: Whether or not Barredo is just subsidiarily liable. HELD: No. He is primarily liable under Article 1903 which is a separate civil action against negligent employers. Garcia is well within his rights in suing Barredo. He reserved his right to file a separate civil action and this is more expeditious because by the time of the SC judgment Fontanilla is already serving his sentence and has no property. It was also proven that Barredo is negligent in
hiring his employees because it was shown that Fontanilla had had multiple traffic infractions already before he hired him something he failed to overcome during hearing. Had Garcia not reserved his right to file a separate civil action, Barredo would have only been subsidiarily liable. Further, Barredo is not being sued for damages arising from a criminal act(his drivers negligence) but rather for his own negligence in selecting his employee (Article 1903).
Torts and Damages Civil Liability from Quasi Delicts vs Civil Liability from Crimes
Reginald Hill, a minor, caused the death of Agapito (son of Elcano). Elcano filed a criminal case against Reginald but Reginald was acquitted for lack of intent coupled with mistake. Elcano then filed a civil action against Reginald and his dad (Marvin Hill) for damages based on Article 2180 of the Civil Code. Hill argued that the civil action is barred by his sons acquittal in the criminal case; and that if ever, his civil liability as a parent has been extinguished by the fact that his son is already an emancipated minor by reason of his marriage. ISSUE: Whether or not Marvin Hill may be held civilly liable under Article 2180. HELD: Yes. The acquittal of Reginald in the criminal case does not bar the filing of a separate civil action. A separate civil action lies against the offender in a criminal act, whether or not he is criminally prosecuted and found guilty or acquitted, provided that the offended party is not allowed, if accused is actually charged also criminally, to recover damages on both scores, and would be entitled in such eventuality only to the bigger award of the two, assuming the awards made in the two cases vary. In other words, the extinction of civil liability referred to in Par. (e) of Section 3, Rule 111, refers exclusively to civil liability founded on Article 100 of the Revised Penal Code, whereas the civil liability for the same act considered as a quasi-delict only and not as a crime is not extinguished even by a declaration in the criminal case that the criminal act charged has not happened or has not been committed by the accused. Briefly stated, culpa aquiliana includes voluntary and negligent acts which may be punishable by law. While it is true that parental authority is terminated upon emancipation of the child (Article 327, Civil Code), and under Article 397, emancipation takes place by the marriage of the minor child, it is, however, also clear that pursuant to Article 399, emancipation by marriage of the minor is not really full or absolute. Thus Emancipation by marriage or by voluntary concession shall terminate parental authority over the childs person. It shall enable the minor to administer his property as though he were of age, but he cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian. He can sue and be sued in court only with the assistance of his father, mother or guardian. Therefore, Article 2180 is applicable to Marvin Hill the SC however ruled since at the time of the decision, Reginald is already of age, Marvins liability should be subsidiary only as a matter of equity.