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32972910 Torts Magic Notes

32972910 Torts Magic Notes

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Published by: rodeltalladarivera on Aug 19, 2010
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10/29/2011

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April 23, 2006
Sec. 6.
Minimum Age of Criminal responsibility- A
child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from

criminal liability. However, the child shall be subjected
to an intervention program pursuant to Sec. 20 of this
Act.

A child above fifteen (15) but below eighteen (18) years
of age shall likewise be exempt from criminal liability
and be subjected to an intervention program, unless
he/she has acted with discernment, in which case such
child will be subjected to the appropriate proceedings in
accordance with this Act.

The Exemption from criminal liability herein established
does not include exemption from civil liability, which
shall be enforced in accordance with existing laws.

Civil Code
Art. 2180.
The obligation imposed by Article 2176 is
demandable not only for one's own acts or omissions,
but also for those of persons for whom one is
responsible.

The father and, in case of his death or incapacity,
the mother, are responsible for the damages
caused by the minor children who live in their
company.

Guardians are liable for damages caused by the minors
or incapacitated persons who are under their authority
and live in their company.

The owners and managers of an establishment or
enterprise are likewise responsible for damages caused
by their employees in the service of the branches in
which the latter are employed or on the occasion of
their functions.

Employers shall be liable for the damages caused by
their employees and household helpers acting within
the scope of their assigned tasks, even though the
former are not engaged in any business or industry.

The State is responsible in like manner when it acts
through a special agent; but not when the damage has
been caused by the official to whom the task done
properly pertains, in which case what is provided in
Article 2176 shall be applicable.

Lastly, teachers or heads of establishments of arts and
trades shall be liable for damages caused by their
pupils and students or apprentices, so long as they
remain in their custody.

The responsibility treated of in this article shall cease
when the persons herein mentioned prove that they
observed all the diligence of a good father of a family to
prevent damage. (1903a)

Art. 2181. Whoever pays for the damage caused by his
dependents or employees may recover from the latter
what he has paid or delivered in satisfaction of the
claim. (1904)

Art. 2182. If the minor or insane person causing
damage has no parents or guardian, the minor or
insane person shall be answerable with his own
property in an action against him where a guardian ad
litem shall be appointed. (n)

C L A S S N O T E

Basis: parental authority

Are the parents still liable for if above 18 but
below 21? Yes. Legal basis: PD 603

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