1. ELCANO v. HILLG.R. No.

L-24303, May 26, 1977

ELCANO v. HILL
G.R. No. L-24303, May 26, 1977
Topic: Sources of Obligation
FACTS
Reginald Hill, son of Atty. Marvin Hill who was a minor but emancipated through
marriage, killed Agapito Elcano. However, in a criminal case filed against him, he was
acquitted because of absence of intent to kill and his offense was that coupled with
mistake. The family of Elcano now filed claim for damages but, upon motion of
defendants, such was dismissed by the Court of First Instance of Quezon City on the
basis that Reginald was acquitted of the criminal charge and that they have no cause
of action against his father as he was already emancipated by his marriage.
ISSUE
Whether petitioners have a right of action against defendants in that Reginald
was acquitted of the criminal case and was already emancipated by marriage
RULING
Yes.
The Court held that despite Reginald’s acquittal, petitioners shall not be barred
from instituting recovery for damages as under Article 2177 of the Civil Code. The
nature of the offense is that of culpa aquiliana where it involved negligence of the
defendant and wherein there was no preexisting contractual relation between them.
The civil action was separate and independent from the criminal case. Also, petitioners
have action against his father as Article 2180 states that those responsible for the
persons who committed an offense which was a quasi-delict shall also be liable. His marriage does
not emancipate him from entering into transaction which gives rise to
judicial litigation and so his father is subsidiary liable. The Court reversed the appealed
decision and ordered the trial court to proceed according to its opinion.