Text of the provision
Art. 110. Several and subsidiary liability of principals, accomplices, and accessories of a felony-Preference in payment.-Notwithstanding the provisions of the next preceding article, the principals, accomplices, and accessories, each within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiarily for those of the other persons liable. The subsidiary liability shall be enforced, first against the property of the principals; next, against that of the accomplices, and, lastly, against that of the accessories. Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been made shall have a right of action against the others for the amount of their respective shares.
Revised Penal Code of the Philippines, Act No. 3815, as amended. Reproduced in full. The three sources consulted do not read identically here; the text above is the reading carried by two of the three, including the Official Gazette.
What this article means
Civil liability arising from a felony is solidary within each class — principals answer in solidum with principals, accomplices with accomplices, accessories with accessories — and subsidiary between the classes, in that order. In practice the offended party enforces the judgment first against the principals, then against the accomplices for whatever is left, then against the accessories. Whoever pays more than his own share has a right of action against the others for theirs.
Related provisions
- Article 109 — Apportioning Civil Liability.
- Article 114 — Treason Against The Philippines.
On this text. This article is reproduced as the Revised Penal Code enacted it, verified word-for-word against two independent sources. Republic Act No. 10951 (2017) revised the penalty amounts in many other articles of this Code; where an amount appears below it is the figure this article itself carries.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.