SABINA EXCONDE vs. DELFIN CAPUNO, ET AL.

G.R. No. L-10134

June 29, 1957

Facts:

Dante Capuno was a member of the Boy Scouts organization and a student of Balintawak
Elementary school. On March 31, they were instructed by the school’s supervisor to attend a
parade in honor of Dr. Jose Rizal. From school, Dante and other students boarded the jeep that
was going to take them to the parade. Dante then drove the jeep, while the driver sat by his side.
They have not gone too far when the jeep turned turtle resulting to the death of two of its
passengers, Amado Ticzon and Isidore Caperi.

Issue:

Whether or not Delfin capuno may be held jointly and severally liable with his son Dante
Capuno, for the civil liability of his tortuous act?

Held:

Yes. Under Art 1903, of the Spanish Civil Code paragraph 1, and 5 which provides: the father
and in case of his death or incapacity, the mother, are liable for any damages caused by the minor
children who live with them. xxx Finally, teachers or directors of arts and trades are liable for
any damages caused by their pupils or apprentices while they are under their custody. But the
provision applies only to an institution of arts and trades and not to any academic educational
institution. Dante was then a student of Balintawak Elem School and as part of his extra-
curricular activity; he attended the parade upon instruction of City school’s supervisor. It was in
connection with the parade that the accident took place Clear that neither the head of the school
nor the city supervisor could be held liable for the negligent act of Dante because he was not then
a student of an institution of arts and trades.

Civil liability of father (in case of death or incapacity, the mother) for any damages caused by
minor children is a necessary consequence of the parental authority they exercise over them
which imposes upon the parents the duty of supporting them, keeping them in their company,
educating them and instructing them in proportion to their means, while on the other hand, gives
them the right to correct and punish them in moderation. The only way they could relieve
themselves of liability is if they prove that they exercised all the diligence of a good father of a
family to prevent the damage.