1/28/2020 Case Digest: PEDRO ELCANO and PATRICIA ELCANO vs.

REGINALD HILL and MARVIN HILL

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CASE DIGEST: PEDRO ELCANO AND PATRICIA ELCANO VS.REGINALD HILL AND
MARVIN HILL
Published by geline on June 27, 2013 | Leave a response

PEDRO ELCANO and PATRICIA ELCANO, in their capacity as Ascendants of

AgapitoElcano, deceased,plaintiffs-appellants,

vs.

REGINALD HILL, minor, and MARVIN HILL, as father and Natural Guardian of
said minor, defendants-appellees.

G.R. No. L-24803 [May 26, 1977]

Facts of the Case:

Respondent Reginald Hill killed the son of the plaintiffs named Agapito Elcano. A criminal
complaint was instituted against him but he was acquitted on the ground that his act was
not criminal, because of lack of intent to kill, couple with mistake. Subsequently, plaintiffs
filed a complaint for recovery of damages against defendant Reginald Hill, a minor, married
at the time of the occurrence, and his father, the defendant Marvin Hill, with who he was
living and getting subsistence, for the same killing. A motion to dismiss was filed by the
defendants. The Court of First Instance of Quezon City denied the motion. Nevertheless, the
civil case was finally dismissed upon motion for reconsideration.

Issues:

1. WON the present civil action for damages is barred by the acquittal of Reginald in the
criminal case.

2. WON Article 2180 (2nd and last paragraphs) of the Civil Code may be applied against
Atty. Hill, notwithstanding the undisputed fact that at the time of the occurrence
complained of. Reginald, though a minor, living with and getting subsistence from his
father, was already legally married.

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1/28/2020 Case Digest: PEDRO ELCANO and PATRICIA ELCANO vs.REGINALD HILL and MARVIN HILL

Ruling of the Court:

1. No, the present civil action for damages is not barred by the acquittal of Reginald in the
criminal case. Firstly, there is a distinction as regards the proof required in a criminal case
and a civil case. To find the accused guilty in a criminal case, proof of guilt beyond
reasonable doubt is required, while in a civil case, preponderance of evidence is sufficient to
make the defendant pay in damages. Furthermore, a civil case for damages on the basis of
quasi-delict does is independently instituted from a criminal act. As such the acquittal of
Reginald Hill in the criminal case has not extinguished his liability for quasi-delict, hence
that acquittal is not a bar to the instant action against him.

2. Yes, the above mentioned provision may still be applied against Atty Marvin Hill.
Although parental authority is terminated upon emancipation of the child, emancipation by
marriage is not absolute, i.e. he can sue and be sued in court only with the assistance of his
father, mother or guardian. As in the present case, killing someone else contemplated
judicial litigation, thus, making Article 2180 apply to Atty. Hill.However, inasmuch as it is
evident that Reginald is now of age, as a matter of equity, the liability of Atty. Hill has
become milling, subsidiary to that of his son.

Criminal Records Childs Article Federal taxes forms

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