This case has been cited 1 times or more.
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2009-06-16 |
PUNO, C.J. |
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| In People v. Cortes,[97] People v. Budol,[98] People v. Nulla,[99] and People v. Madali,[100] the principal was ordered to pay twice the share of the accomplice in the civil indemnity. In Nulla, the Court determined the respective amounts for which the principal, accomplice and accessory were liable for. The principal was ordered to pay P20,000.00, the accomplice was ordered to pay P10,000.00, and the accessory was ordered to pay P2,000.00. Unlike the cases cited above where the principal and accomplice were held solidarity liable for the entire amount of the civil indemnity or half of it, in Nulla, the court particularly determined the amount for which each shall respond. This is consistent with Article 109 and Article 110 of the Revised Penal Code, which require that the courts should determine the amount for which the principals, accomplices and accessories must respond to and upon specifying this amount, the principals are solidarity liable within their class for their quota, the accomplices are solidarity liable among themselves for their quota and the accessories are solidarity liable for their quota. If any one of the classes is unable to pay for its respective quota, it becomes subsidiarily liable for the quota of the other classes, which shall be enforced first against the property of the principals; next, against that of the accomplices; and lastly, against that of the accessories.[101] | |||||