WHAT CONSTITUTES CIVIL LIABILITY?
> According to Article 104 of the RPC, civil liability includes restitution, reparation, and indemnification for consequential damages
WHAT IS THE BASIS FOR THE BROADER CONCEPT OF CIVIL LIABILITY?
> The broader concept of civil liability means that every person criminally liable is also civilly liable
> This is because in a criminal offense, there are two offended parties—the state and the private offended party
IF THE COMPLAINT DOESN’T CONTAIN AN ALLEGATION FOR DAMAGES, IS THE OFFENDER STILL LIABLE FOR THEM?
> Yes, because every person criminally liable is also civilly liable
> Exception: when the offended party has waived or has reserved the right to institute the civil action separately
WHAT IS THE RULE ON PAYMENT OF DOCKET FEES ON CIVIL LIABILITY?
> If the offended party seeks to enforce civil liability against accused by way of moral, nominal, temperate, or exemplary damages (other than actual), the following are the bases for docket fees:
o If amount other than actual damages is stated, it will be based on the stated amount
o If no amount is stated, no docket fees will be paid yet but the docket fees to be paid will constitute a lien on the damages that will be awarded
WHEN SHOULD THE RESERVATION BE MADE?
> The reservation should be made before the prosecution presents its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation
WHAT IS THE REASON FOR THE RULE REQUIRING RESERVATION?
> The reason is to prevent double recovery from the same act or omission
WHAT IS THE SIGNIFICANCE OF THE APPEARANCE OF THE OFFENDED PARTY, IN THE CRIMINAL CASE THROUGH PRIVATE PROSECUTOR?
> The appearance of the offended party may not per se be considered either as an implied election to have his claim for damages determined in said proceedings or a waiver of the right
to have determined separately
IN A BP22 CASE, CAN THE OFFENDED PARTY MAKE A RESERVATION OF THE CIVIL ACTION?
> No, the criminal action shall be deemed to include the civil action, and the offended party is not allowed to make the reservation
> The actual damages and the filing fees shall be equivalent to the value of the check.