PEDRO ELCANO and PATRICIA ELCANO, in their capacity as Ascendants

of Agapito Elcano, 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

BARREDO, J.

FACTS:

Appellants filed their complaint against appellees Reginald and his father,
Atty. Marvin Hill, on account of the death of their son, named, Agapito.
Upon motion to dismiss of defendants, the complaint of plaintiffs for
recovery of damages from defendant Reginald Hill, a minor, married at the
time of the occurrence, and his father, the defendant Marvin Hill, the said
accused was acquitted on the ground that his act was not criminal, because
of "lack of intent to kill, coupled with mistake.

ISSUES:

1. Whether or not the present civil action for damages is barred by the
acquittal of Reginald in the criminal case wherein the action for civil liability,
was not reversed.
2. Whether or not the effect of Reginald's emancipation by marriage on
the possible civil liability of Atty. Hill, his father, is already free from
responsibility.

RULING:

The action is predicated upon article 1903, in relation to article 1902, of the
Civil Code. These two articles read as follows:

Art. 1092. —Any person who by an act or omission causes damage to

another by his fault or negligence shall be liable for the damage so done.

Art. 1903. — The obligation imposed by the next preceding article is

enforcible, not only for personal acts and omissions, but also for those of
persons for whom another is responsible.

The father, or in case of his death, or incapacity, the mother, is liable for any
damages caused by the minor children who live with them.
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The liability imposed by this article shall cease in case the persons subject
thereto prove that they exercised all the diligence of a good father of a
family to prevent the damage.

The marriage of a minor child does not relieve the parents of the duty to see
to it that the child, while still a minor, does not give answerable for the
borrowings of money and alienation or encumbering of real property which
cannot be done by their minor married child without their consent.

2. Under Article 2180, "The obligation imposed by article 2176 is

demandable not only for one's own acts or omissions, but also for those of
persons for whom one is responsible. The father and, in case of his death or
incapacity, the mother, are responsible. The father and, in case of his death
or incapacity, the mother, are responsible for the damages caused by the
minor children who live in their company."

In the instant case, it is not controverted that Reginald, although married,

was living with his father and getting subsistence from him at the time of
the occurrence in question. Factually, therefore, Reginald was still
subservient to and dependent on his father, a situation which is not unusual.