Article 101 Rules regarding civil liability in certain cases.
Civil liability for:
a. insane or imbecile
b. person under 15 years old
c. person who is over 15 but under 18 who has acted without discernment
Shall devolve upon those having such a person under their legal authority or control, UNLESS it appears that there was NO fault or negligence on their part.
In default thereof, civil liability shall be taken from the property of the insane, imbecile or minor, excepting property exempt from execution, in accordance with the civil law.
Under the Child and Youthful Welfare Code, civil liability for acts committed by a youthful offender shall devolve upon:
1. The father or,
2. The mother or,
3. Upon the guardian,
4. Relatives or friends of the family
There is NO civil liability for:
a. Injuries caused by mere accident
b. Failure to perform an act required by law when prevented by some lawful or insuperable cause
The final discharge of a minor in conflict with the law does NOT extinguish his civil liability resulting from the commission of the offense.
Civil liability for persons who, in order to avoid evil or injury, does an act which causes damage to another (Subdivision 4 of Article 11)
a. Civil liability shall be in proportion to the benefit which they may have received
b. The court shall determine proportionate amount
c. When the shares cannot be equitably determined, even approximately, or when the liability also attaches to the government, or to the majority of the inhabitants of the town, whenever damage has been caused with the consent of authorities and their agents, indemnification shall be made in the manner prescribed by special laws or regulation.
The person civilly liable is the person who was able to benefit from the act which caused damage to another.
Who are civilly liable for acts committed by persons acting under irresistible force or uncontrollable fear?
1. The persons using the violence or causing the fear, or if there is none;
2. The person doing the act.
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