Re: Civil Liability ex delicto vs. Civil Liability ex contractu.

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   "Whenever the elements of estafa are not established, and that the delivery of any personal property was made pursuant to a contract, any civil liability arising from the estafa cannot be awarded in the criminal case. This is because the civil liability arising from the contract is not civil liability ex delicto, which arises from the same act or omission constituting the crime. Civil liability [ex delicto] is the liability sought to be recovered in a civil action deemed instituted with the [criminal case]."

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  Whenever the court makes a finding that the elements of estafa do not exist, it effectively says that there is no crime. There is no act or omission that constitutes criminal fraud. Civil liability "ex delicto" cannot be awarded as it cannot be sourced from something that does not exist.


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  Therefore, it is not the type of civil action deemed instituted in the criminal case, and consequently must be filed separately.



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  When the court finds that the source of obligation is in fact, a contract, as in a contract of loan, it takes a position completely inconsistent with the presence of estafa.

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  In estafa, a person parts with his money because of abuse of confidence or deceit. 


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  In a contract, a person willingly binds himself or herself to give something or to render some service.



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  In estafa, the accused's failure to account for the property received amounts to criminal fraud.


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  In a contract, a party's failure to comply with his obligation is only a contractual breach.


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  Thus, any finding that the source of obligation is a contract negates estafa. The finding, in turn, means that there is no civil liability ex delicto.


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  When the court finds that the source of obligation is in fact, a [contract], as in a contract of loan, it takes a position completely inconsistent with the presence of estafa.

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  Here, there is no proof of the presence of any act or omission constituting criminal fraud. Thus, "civil liability ex delicto" cannot be awarded because there is no act or omission punished by law which can serve as the source of obligation.

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  Any civil liability arising from the loan takes the nature of a civil liability "ex contractu". It does not pertain to the civil action deemed instituted with the criminal case.


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  When there is no delict, "civil liability ex delicto is out of the question, and the civil action, if any, which may be instituted must be based on grounds other than the delict complained of."

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   In D's case, the civil liability arises out of contract (a different source of obligation apart from an act or omission punished by law) and must be claimed in a separate civil action.

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  [G.R. No. 189081, August 10, 2016]
GLORIA S. DY, Petitioner, v. PEOPLE OF THE PHILIPPINES, MANDY COMMODITIES CO., INC., REPRESENTED BY ITS PRESIDENT, WILLIAM MANDY, Respondent





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