Indemnification for consequential damages

Art. 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.

: The return of the value of such stolen object. Or if it has sentimental value, you must return the same or higher value.

Ex: A man who in exchange for transportation took a pin of inestimable value from a woman and her family. And because of that they were killed in the gas chambers. Should the next of kin have a right on the pin?

A: Yes, the next of kin has a right.

If in any way, an object of value taken by force from a person should be returned to the next of kin, should the person pass on to the next life.

In the case at bar, a pin of inestimable value was taken from a woman and his family, in exchange they had to die in the gas chambers, her next of kin is claiming for the pin, and since she has passed away, the next of kin has a right to the pin.

Art. 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.

: When the object taken is damaged, one must have it repaired to its original value.

Art. 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.

: This includes paying to the family of the person whom the damage has been brought it upon.

Art. 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.

: This is to the heirs of the person to whom the damage has been brought upon, all obligations of repair, indemnification and restoration.

Art. 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.

: Each person who is civilly liable must pay an amount as determined by the courts.

Art. 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.

Art. 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.

: For accomplices who took part in a commission of the crime is liable as well and must pay that which is payable.

Art. 112. Extinction of civil liability. — Civil liability established in Articles 100, 101, 102, and 103 of this Code shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law.

: Civil liability is extinguished according with the provisions of the Civil Law.

Art. 113. Obligation to satisfy civil liability. — Except in case of extinction of his civil liability as provided in the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason.

: If the person’s civil liability is not yet extinguished then his obligation to pay for such liability goes on until it has been satisfied.

Act no. 4013 Indeterminate Sentence Law (ISLAW)

Three (3) things to know about the Indeterminate Sentence Law:

1) Its purpose;

2) Instances when it does not apply; and 3) How it operates

Indeterminate Sentence Law governs whether the crime is punishable under the Revised Penal Code or a special Law. It is not limited to violations of the Revised Penal Code.

The purpose of the Indeterminate Sentence law is to avoid prolonged imprisonment, because it is proven to be more destructive than constructive to the offender. So, the purpose of the Indeterminate Sentence Law in shortening the possible detention of the convict in jail is to save valuable human resources.

In determining the applicable penalty according to the Indeterminate Sentence Law, there is no need to mention the number of years, months and days; it is enough that the name of the penalty is mentioned while the Indeterminate Sentence Law is applied.

Crimes punished under special law carry only one penalty; there are no degree or periods.

Moreover, crimes under special law do not consider mitigating or aggravating circumstance present in the commission of the crime.

Disqualification may be divided into three, according to – (1) The time committed;

(2) The penalty imposed; and (3) The offender involved.

The Indeterminate Sentence Law shall not apply to:

(1) Persons convicted of offense punishable with death penalty or life imprisonment;

(2) Persons convicted of treason, conspiracy or proposal to commit treason;

(3) Persons convicted of misprision of treason, rebellion, sedition, espionage;

(4) Persons convicted of piracy;

(5) Persons who are habitual delinquents;

(6) Persons who shall have escaped from confinement or evaded sentence;

(7) Those who have been granted conditional pardon by the Chief Executive and hall have violated the term thereto;

(8) Those whose maximum term of imprisonment does not exceed one year, but not to those already sentenced by final judgment at the time of the approval of Indeterminate Sentence Law.

Presidential Decree No. 968 (Probation Law)

Probation is a manner of disposing of an accused who have been convicted by a trial court by placing him under supervision of a probation officer, under such terms and conditions that the court may fix. This may be availed of before the convict begins serving sentence by final judgment and provided that he did not appeal anymore from conviction.

Without regard to the nature of the crime, only those whose penalty does not exceed six years of imprisonment are those qualified for probation. If the penalty is six years plus one day, he is no longer qualified for probation.

If the offender was convicted of several offenses which were tried jointly and one decision was rendered where multiple sentences imposed several prison terms as penalty, the basis for determining whether the penalty disqualifies the offender from probation or not is the term of the individual imprisonment and not the totality of all the prison terms imposed in the decision. So even if the prison term would sum up to more than six years, if none of the individual penalties exceeds six years, the offender is not disqualified by such penalty from applying for probation.

Ex: May a recidivist be given the benefit of Probation Law?

A: As a general rule, no.

Exception: If the earlier conviction refers to a crime the penalty of which does not exceed 30 days imprisonment or a fine of not more than P200.00, such convict is not disqualified of the

benefit of probation. So even if he would be convicted subsequently of a crime embraced in the same title of the Revised Penal Code as that of the earlier conviction, he is not disqualified from probation provided that the penalty of the current crime committed does not go beyond six years and the nature of the crime committed by him is not against public order, national security or subversion.

Although a person may be eligible for probation, the moment he perfects an appeal from the judgment of conviction, he cannot avail of probation anymore. So the benefit of probation must be invoked at the earliest instance after conviction. He should not wait up to the time when he interposes an appeal or the sentence has become final and executory. The idea is that probation has to be invoked at the earliest opportunity.

Probation shall be denied if the court finds:

(1) That the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution;

(2) That there is undue risk that during the period of probation the offender will commit another crime; or

(3) Probation will depreciate the seriousness of the crime.

The probation law imposes two kinds of conditions:

(1) Mandatory conditions; and (2) Discretionary conditions.

Mandatory conditions:

(1) The convict must report to the Probation Officer (PO) designated in the court order approving his application for Probation within 72 hours from receipt of Notice of such order approving his application; and

(2) The convict, as a probationer, must report to the PO at least once a month during the period of probation unless sooner required by the PO.

These conditions being mandatory, the moment any of these is violate, the probation is cancelled.

Discretionary conditions:

The trial court which approved the application for probation may impose any condition which may be constructive to the correction of the offender, provided the same would not violate the constitutional rights of the offender and subject to this two restrictions: (1) the conditions imposed should not be unduly restrictive of the probationer; and (2) such condition should not be incompatible with the freedom of conscience of the probationer.