Tamargo vs CA Tamargo vs CA GR No.

85044, June 3, 1992 FACTS: In October 1982, Adelberto Bundoc, minor, 10 years of age, shot Jennifer Tamargo with an air rifle causing injuries that resulted in her death. The petitioners, natural parents of Tamargo, filed a complaint for damages against the natural parents of Adelberto with whom he was living the time of the tragic incident. In December 1981, the spouses Rapisura filed a petition to adopt Adelberto Bundoc. Such petition was granted on November 1982 after the tragic incident. ISSUE: WON parental authority concerned may be given retroactive effect so as to make adopting parents the indispensable parties in a damage case filed against the adopted child where actual custody was lodged with the biological parents. HELD: Parental liability is a natural or logical consequence of duties and responsibilities of parents, their parental authority which includes instructing, controlling and disciplining the child. In the case at bar, during the shooting incident, parental authority over Adelberto was still lodged with the natural parents. It follows that they are the indispensable parties to the suit for damages. Parents and guardians are responsible for the damage caused by the child under their parental authority in accordance with the civil code. SC did not consider that retroactive effect may be given to the decree of adoption so as to impose a liability upon the adopting parents accruing at the time when they had no actual or physical custody over the adopted child. Retroactivity may be essential if it permits accrual of some benefit or advantage in favor of the adopted child. Under Article 35 of the Child and Youth Welfare Code, parental authority is provisionally vested in the adopting parents during the period of trial custody however in this case, trial custody period either had not yet begin nor had been completed at the time of the shooting incident. Hence, actual custody was then with the natural parents of Adelberto. Petition for review was hereby granted.

Amadora vs CA Amadora vs. CA GR No. L47745, April 15, 1988 FACTS: Alfredo Amadora, while in the auditorium of the school, was mortally hit by a gun by Pablito Daffon resulting to the formers death. Daffon was convicted of homicide through reckless imprudence. The victims parents, herein petitioners, filed a civil action for damages against Colegio de San Jose Recoletos, its rectors, high school principal, dean of boys, the physics teacher together with Daffon and 2 other students. Complaints against the students were dropped. Respondent Court absolved the defendants completely and reversed CFI Cebus decision for the following reasons: 1. Since the school was an academic institution of learning and not a school of arts and trades 2. That students were not in the custody of the school since the semester has already ended 3. There was no clear identification of the fatal gun, and 4. In any event, defendants exercised the necessary diligence through enforcement of the school regulations in maintaining discipline. Petitioners on othe other hand claimed their son was under school custody because he went to school to comply with a requirement for graduation (submission of Physics reports). ISSUE: WON Collegio de San Jose-Recoletos should be held liable. HELD: The time Alfredo was fatally shot, he was in the custody of the authorities of the school notwithstanding classes had formally ended when the incident happened. It was immaterial if he was in the school auditorium to finish his physics requirement. What was important is that he was there for a legitimate purpose. On the other hand, the rector, high school principal and the dean of boys cannot be held liable because none of them was the teacher-in-charge as defined in the provision. Each was exercising only a general authority over the students and not direct control and influence exerted by the teacher placed incharge of particular classes. In the absence of a teacher- in charge, dean of boys should probably be held liable considering that he had earlier confiscated an unlicensed gun from a student and later returned to him without taking disciplinary action or reporting the matter to the higher authorities. Though it was clear negligence on his part, no proof was shown to necessarily link this gun with the shooting incident. Collegio San Jose-Recoletos cannot directly be held liable under the provision because only the teacher of the head of school of arts and trade is made responsible for the damage caused by the student. Hence, under the facts disclosed, none of the respondents were held liable for the injury inflicted with Alfredo resulting to his death. Petition was denied.