Delicts: source of obligation
Delicts or crimes are one of the sources of obligation. Article 1161 of the Civil Code of the Philippines provides that civil obligations resulting from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177 and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVII of said Code, regulating damages.
Responsibility for fault or negligence under a quasi-delict[1] is entirely separate and distinct from the civil liability arising from negligence under the penal code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant.[2] While an act or omission is felonious because it is punishable by law, it gives rise to civil liability because it caused damage to another.[3]
The basis of civil liability arising from crime is incorporated in Article 100 of the Revised Penal Code, to wit:
Article 100. Civil liability of a person guilty of felony. - Every person criminally liable for a felony is also civilly liable.
Responsibility for fault or negligence under a quasi-delict[1] is entirely separate and distinct from the civil liability arising from negligence under the penal code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant.[2] While an act or omission is felonious because it is punishable by law, it gives rise to civil liability because it caused damage to another.[3]
[1] Art. 2176, Civil Code.
[2] Art. 2177, Civil Code.
[3] Rabuya, E. 2019. Obligations and Contracts.
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