Maxene Joi A.

Pigtain
LAW1101- Sec 16
Elcano V Hill 77 SCRA
G.R. No. L-24803 [May 26, 1977]
Barredo, J.

FACTS:

Reginal Hill was married to a minor who still lived in the custody of his father, Atty. Around
Marvin Hill. Reginald Hill has been criminally charged for killing Agapito Elcano. Reginald was
convicted on the basis that, due to "lack of intent to kill, coupled with errors, his acts were not
criminal." Agapito Elcano's father then filed a legal suit seeking damages based on Article 2180
of the Civil Code against Reginald and his father (Marvin Hill). Hill argued that the civil action
in the criminal case is barred by the acquittal of his son; and that, if ever, his civil obligation as a
father has been extinguished by the fact that his son is now an emancipated minor because of his
marriage.

ISSUE:

Whether or not Atty. Marvin Hill (Marvin Hill) is an alternative liability for the father of a minor
child who has committed a tort?

RULING:

The law specifically indicated that, in accordance with Title X of the Family Code, parental
authority is terminated upon the child's emancipation; emancipation and age of majority,
emancipation takes place through the minor's marriage. Such emancipation is not, however, total
and complete. Though married, Reginald lived with his father and was still dependent on the
latter. ART 2180 refers to Atty. Marvin Hill, notwithstanding Reginald's emancipation by
marriage. Article 2180 is also applicable to Marvin Hill-the SC, however, ruled that because
Reginald was already of age at the time of the ruling, Marvin's responsibility should be
subsidiary only-as a matter of equity.