Article 100 of the Revised Penal Code: Civil liability of the offender
Status: In force
What does Article 100 say?
Every person criminally liable for a felony is also civilly liable.
What does it mean in plain language?
Article 100 says that a person who is criminally liable for a felony is also civilly liable. A crime creates two kinds of responsibility: the penalty owed to the State, and the duty to pay the victim for the harm. This duty is called civil liability ex delicto, meaning civil liability arising from the crime. It covers giving back what was taken, repairing the damage and paying for other losses that followed.
The full text is one sentence:
Every person criminally liable for a felony is also civilly liable.
How does it work in real life?
Rina: a stolen phone
Rina's phone is stolen by Paul, who is convicted of theft. Besides his penalty, Paul is civilly liable. If he still has the phone, restitution means giving it back. If not, he must pay for it.
Mang Andoy: a damaged gate
Jun, drunk and angry, breaks Mang Andoy's gate and is convicted. His civil liability includes the cost of repairing the gate, and other losses that followed from the damage if the court finds them proven.
Leo: released but still owing
Leo serves his full sentence for estafa but never paid the victim. Under Article 113, his duty to pay the civil liability continues after his release.
What does this mean in practice?
- The court fixes the amount. The judgment states what the offender must pay, based on the evidence and on rulings such as Jugueta.
- Payment order. Damages to the victim come before the fine (Article 38).
- No double recovery. A victim cannot be paid twice for the same act (Civil Code Article 2177).
- Related pages: murder, homicide, moral damages and legal interest.
What does civil liability from a crime include?
Article 104 of the Code lists what it covers:
The civil liability established in articles 100, 101, 102, and 103, of this Code includes:
- Restitution;
- Reparation of the damage caused;
- Indemnification for consequential damages.
| Item | Plain meaning |
|---|---|
| Restitution | Giving back the thing taken |
| Reparation of the damage caused | Paying for the harm done |
| Indemnification for consequential damages | Paying for further losses that resulted from the crime |
Articles 101 to 103 cover special cases: civil liability where the person who acted is exempt from criminal liability, and the subsidiary civil liability of innkeepers, employers and others for crimes committed in their establishments or by their employees in the discharge of their duties.
Does the civil liability end when the sentence is served?
No. Article 113 says the offender must still satisfy the civil liability even after serving his sentence, and even if he did not serve it because of amnesty, pardon, commutation of sentence or any other reason. The only exception is when the civil liability itself is extinguished. Article 112 says it is extinguished "in the same manner as other obligations, in accordance with the provisions of the Civil Law", for example by payment.
What if the offender cannot pay everything?
Article 38 sets the order of payment when the offender's property is not enough:
| Order | Liability |
|---|---|
| 1 | Reparation of the damage caused |
| 2 | Indemnification of consequential damages |
| 3 | The fine |
| 4 | The costs of the proceedings |
The victim's reparation comes before the fine owed to the State. When a convict cannot pay a fine at all, see Article 39 on subsidiary imprisonment.
How is it different from a quasi-delict?
A quasi-delict under Civil Code Article 2176 is damage caused by fault or negligence when there is no contract between the parties. It is a source of civil liability even without a crime. The Civil Code keeps the two apart:
| Civil liability from a crime | Quasi-delict | |
|---|---|---|
| Source | A felony (RPC Article 100) | Fault or negligence (Civil Code Article 2176) |
| Governed by | The penal laws, subject to Civil Code rules on damages (Civil Code Article 1161) | Civil Code, Chapter on quasi-delicts |
| Double recovery | Not allowed: under Civil Code Article 2177, the plaintiff "cannot recover damages twice for the same act or omission" | Same rule |
See also quasi-delict and reckless imprudence.
How much are the damages?
Article 100 does not set amounts. In death cases, the Supreme Court set standard amounts in People v. Jugueta (2016). For murder with a penalty of reclusion perpetua, Jugueta set ₱75,000 civil indemnity, ₱75,000 moral damages and ₱75,000 exemplary damages; when death would have been imposed but is reduced to reclusion perpetua because of Republic Act No. 9346, each amount is ₱100,000. See damages for death in a criminal case.
Which Supreme Court rulings are relevant?
Frequently asked questions
What is civil liability ex delicto?
It is the duty to pay for the damage caused by a crime. Article 100 says every person criminally liable for a felony is also civilly liable. Ex delicto means arising from the crime.
What does civil liability from a crime include?
Article 104 lists three things: restitution, reparation of the damage caused, and indemnification for consequential damages.
Does serving the prison sentence end the civil liability?
No. Article 113 says the offender must still satisfy the civil liability even after serving the sentence, or if he did not serve it because of amnesty, pardon, commutation or any other reason, unless the civil liability itself was extinguished.
Can the victim recover damages both from the crime and from a quasi-delict?
Civil Code Article 2177 says liability for a quasi-delict is separate and distinct from civil liability arising from negligence under the Penal Code, but the plaintiff cannot recover damages twice for the same act or omission.
How much are the damages in a murder or homicide case?
Standard amounts for civil indemnity, moral and exemplary damages come from People v. Jugueta (2016), not from Article 100. For example, when the penalty for murder is reclusion perpetua, Jugueta set ₱75,000 for each of the three.
What is paid first if the offender cannot pay everything?
Article 38 sets the order: reparation of the damage caused, then indemnification of consequential damages, then the fine, then the costs of the proceedings.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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