CRIMINAL LIABILITY | Revilla’s lawyer questions the order to return the P124.5M
2 months ago
December 7, 2018 – Legal counsels of former senator Ramon “Bong” Revilla said they will further study the acquittal decision of the Sandiganbayan on his plunder charges in an attempt to exempt him from paying civil liabilities.
The pronouncement comes after the Sandiganbayan ordered Revilla, along with Janet Napoles and Richard Cambe, to return P124,500,000 to the National Treasury,
In an ambush interview, Atty. Ramon Esguerra said Revilla cannot be required to pay civil damages worth P124,500,000 as the former senator was not found criminally liable for plunder by the court.
“Under the law–this is substantive and not procedural–a person criminally liable is civilly liable. How can a person not criminally liable be held civilly liable? We have to look at the decision very well and see what is the basis of the civil liability,” Esguerra added.
Atty. Esguerra pointed to Article 100 of the Revised Penal Code that states, “Every person criminally liable for a felony is also civilly liable.”
To be criminally liable , Article 4 requires that the person committed a felony beyond reasonable doubt or “performed an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.”
However, the same article also states that criminal liability is incurred by a person committing a felony “although the wrongful act done be different from that which he intended.”
The Revilla camp said it will file a motion for reconsideration to overturn the court’s decision on Revilla’s civil liability.