A RESEARCH ON

THE CIVIL LIABILITY OF A MINOR TORTFEASORS

WITHOUT PARENTS AND PROPERTIES

SON GABRIEL J. UY

ALFY VANN A. MAGADAN

Bukidnon State University, College of Law

Juris Doctor Non-Thesis III 

LAW 315: Torts and Damages

ATTY. OPHELIA PILAR R. ZAMORA

May 28, 2021

1
 TABLE OF CONTENTS

Page
CHAPTER I: INTRODUCTION………………………………………………………. 3

Statement of the Problem………………………………………………… 4

CHAPTER II: BODY/FINDINGS

Review of Related Literature……………………………………………... 5-6

Conceptual Framework……………………………………………………. 7

Research Methodology……………………………………………………. 8

Findings……………………………………………………………………… 9-10

CHAPTER III: CONCLUSION/RECOMMENDATION……………………………... 11

References……………………………………………………………………………... 12

2
 I. INTRODUCTION
Statistical data from the United Nations' Children's Rights & Emergency Relief
Organization shows that about 1.8 million Filipino children, more than 1% of the
entire population, are abandoned or neglected. Some of them are victims of extreme
poverty. Minors wanting in guidance from a parent or guardian are most likely to
commit offenses such as crimes and/or torts. A greater problem in this scenario is
that most of minors having no parent or guardian are commonly caused by extreme
poverty. Who then will be answering their liabilities particularly the civil aspect? It is
thus, important to know and conduct a deeper study on the rules, decisions and
actions of organizations and the government in addressing especially that there is no
definite rule provided in national legislation addressing the abovementioned
situation. Having a rule in mind that is applicable to a certain situation appeases the
parties especially the offended party. The study will be beneficial to the offended
party in a tort case because one will know how to exercise their civil rights. Achieving
justice is often regarded as the main function of the law. It is thus ideal and the
ultimate goal towards which the law should strive, hence, a law or rule regarding the
civil liability of a minor without a parent should have a sense of justice. Thus, the
study is also for the benefit of the minor tortfeasor on what the law affords for them
considering that they are minors without a parent and are, at some instance, belong
to the population below the poverty line. This paper can also be used by others as
reference for their legal study of related matters.

The study aims to properly define a rule from existing laws, jurisprudence and
actions of organizations and the government to properly address problems that
would arise in situations where offended party in a tort case would really want to
assert, insist or exercise his right against an offender who is a minor without a parent
and a property to answer for his liability.

This research, however, is subject to several limitations. The law already

provides for liabilities of a person which includes the liability of the parents in case
their minor child committed some tort. This study deals only with the civil liability of
minors without parents or guardians and also properties to answer for the said
liability. Only existing laws, rules, decisions, jurisprudence, opinions of law book
authors and the actions as well as interventions of concerned organizations and the

3
government will be utilized in this study. Thus, results of this study will not be
affected by surveys, interviews and random opinions.

STATEMENT OF THE PROBLEM

A law is supposed to address all the needs of those who are covered under
such. However, laws also came from the minds of human beings who are admittedly,
not perfect. Human errors and limitations are embodied in the laws as well as rules,
decisions, and jurisprudence. Currently, the law clearly provides for the liability of a
person in case one commits a tort. Further, the law also provides for the liability of a
parent or guardian with respect to the tort committed by their minor children or ward,
respectively. A question then arises when a minor has no parent or guardian, and
worst, no property to answer for his liability, especially in cases where the offended
party insists in exercising his civil rights and recover something from the offender.

4
 REVIEW OF RELATED LITERATURE

This chapter presents the related literature and studies from both local and
foreign sources. This also includes the synthesis of the gap bridged study.

Local Literature

According to Ignatius Michael Ingles (2016), in an article entitled Philippine

Sports Torts: Adopting a Standard of Care for Sports Competitions and Establishing
Vicarious Liability for Professional Coaches, the current state of Philippine law does
not make coaches liable for the acts of their players. While arguments may be raised
that coaches are already covered under the enumeration in Article 2180 (namely, as
employers/managers or as teachers), analysis reveals that the present law does not
cover the whole gamut of situations of coaches and players. The Supreme Court
interpreted the provision to restrict “teacher” to mean “teachers-in-charge.” Coaches
in academic schools are not teachers. And even if they were considered teachers,
they are still not liable because coaches are rarely “teachers-in-charge” or those
“designated by the dean, principal, and other administrative superior to exercise
supervision over the pupils in the specific classes or sections to which they are
assigned.” Coaches cannot be designated as “heads of establishments of arts and
trades” for the simple reason that sports teams are not “establishments of arts and
trades.

Foreign Literature

In a research article published by Seyed Ali Ahmadzadeh, Mohammad

Bagher Parsapour and Ebrahim Azizi entitled Investigation and Identification of
Parental Civil Liability for Harmful Acts and Behaviors of Their Children, Historically,
under English and U.S. common law, parents were not liable for their children’s torts
just based on the parent/child relationship alone. Some participation by the parent in
the civil wrong was necessary to hold parents liable. The participation could include
encouraging or condoning a child’s misconduct, directing a child to engage in the
conduct that caused the injury, or turning a blind eye to a child’s obviously
dangerous conduct. However, the law, like so much in society, changed once the
automobile and automotive injuries became commonplace. Now, all 50 states have
some type of law that holds parents liable for damage caused by the conduct of their
children. Under many of these laws, a parent’s lack of knowledge of the child’s

5
conduct is irrelevant, and the parent is liable for damages caused by the child’s
negligent or wrongful actions. This is a form of what is known as “vicarious liability.”

Synthesis of the gap

Both research articles talk of the tort committed by minor whether as a student
or a child which would result to a vicarious liability on the part of the coach and
parents, respectively, for the presumptive neglect in his supervision over his child,
ward, employee, student, or secret agent. To distinguish the articles from this paper,
the study deals also with the civil liability for tort of a minor, however, vicarious
liability, cannot exist because the minor involved has no parent or guardian who is
responsible for him.

6
 CONCEPTUAL FRAMEWORK

The study is anchored upon the Theory of Justice which is the aim of every
law that has been made for the general welfare. Although the study seeks to find a
definite law which would address the rights that an offended party in a tort case
would want to exercise, the study also seeks to research on what right does the law
affords for minors without a parent or guardian who committed the tort considering
that most of them belong to the population below the poverty line.

To supplement the study, several concepts will be used as guidelines to

attain and arrive at the goal of this study which is to define a rule with regards to the
Civil Liability of a Minor without a parent or a Guardian.

First, concept of vicarious liability which is imposed because of the very

existence of responsibility or a duty of supervision. It may be imposed in cases torts
or for acts done by others without proof of bad intent on the part of the individual held
liable. According to a study, the justification for this doctrine is that society benefits
by transferring the burden of a loss or injury to the person best able to bear it. In the
case of parents’ liability for the harmful acts of their children, parents are in a far
better position to deal with the damage done than the children themselves, who
usually have very limited individual resources to compensate someone they have
injured.

Second, is the Juvenile Justice and Welfare System which refers to a system
dealing with children at risk and children in conflict with the law, which provides child-
appropriate proceedings, including programs and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their normal growth and
development. A suit against a minor without a parent or guardian is more
burdensome because the minor has no one to turn to. The study may make use of
the said system to apply some provisions which are inspired by justice for the
welfare of the minor tortfeasor.

The study will be guided by the concept of justice as provided in

jurisprudence, law books, laws and justice as shown by actions of organizations and
the Government towards the offended party and the offender, in this case, a minor
without a parent or guardian.

7
 Research Methodology

The research instrument that will be used are internet research, case study
and research on related literary works. The study needs information and data from
various laws, rules, decisions, jurisprudence, and law books used in the academe.
The researchers will gather applicable rules and legislations from the internet.
Decisions, jurisprudence, and organizational and Government interventions
regarding the matter shall also be gathered from the internet. Sources of relevant
information and data are not limited to the internet, these could also be gathered
from books used in the academe. The researchers will then determine from the
gathered data and information a common rule, practice, and/or response in
addressing the problem that this paper is going to resolve or recommend a solution
to it.

In sum, two types of data were used in this research namely, the primary and
the secondary data. The primary data will be derived from the internet. The
secondary data, on the other hand, will be derived from reading published
documents and literatures related to the research problem. 

8
 FINDINGS

In Philippine jurisdiction, minor offenders aged 15 years old and below have
no criminal liability as provided under section 6 of R.A. No. 9344. Offenders aged 16
to 17 years old, acting without discernment are also exempt from criminal liability.
Consequently, the offenders are not placed in detention cells but instead referred to
rehabilitation centers. The younger ones are returned to their parents or guardians,
or in their absence, to the nearest relative. In this scenario, the element of
accountability is lacking. In case of torts children without any parents, the question of
accountability also exists. A.M. NO. 03-02-05-SC, which took effect on 01 May 2003,
provides for the Rules on Guardianship of Minors.  These rules apply to petitions for
guardianship over the person or property, or both, of a minor. The grounds for the
appointment of a guardian over the person or property, or both, of a minor are the
following: death, continued absence, or incapacity of his parents; suspension,
deprivation or termination of parental authority; remarriage of his surviving parent, if
the latter is found unsuitable to exercise parental authority; or when the best
interests of the minor so require. It is also worthy to note that these guardians to be
appointed are the surviving grandparent and in case several grandparents survive,
the court shall select any of them taking Into account all relevant considerations; the
oldest brother or sister of the minor over twenty-one years of age, unless unfit or
disqualified; the actual custodian of the minor over twenty-one years of age, unless
unfit or disqualified; and any other person, who in the sound discretion of the court,
would serve the best interests of the minor. From the forgoing, it is the intention of
the framers of the law/rules to establish accountability in cases where it is lacking.
Applying these in cases involving torts committed by these children, the person(s) to
whom the law on vicarious liability will apply are the nearest relatives of the minor
children for they are most likely the ones who will be appointed by the court incase of
legal guardianship.

The State, particularly the Government, also have some interventions

whenever there’s no one to be held responsible, except the minor, to the tort he/she
has committed. The Government through the Department of Social Welfare and

9
Development (DSWD) handles the management of child custody cases in upholding
its mandates and the protection provided for by the law for the welfare of this
children.

Our justice system also contributes in addressing situations where the best
interest of minors is at risk, especially those who committed offenses. For instance,
the Juvenile Justice and Welfare System which is a system dealing with children at
risk and children in conflict with the law, which provides child-appropriate
proceedings, including programmes and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their normal growth and
development. This system is defined in the Republic Act No. 9344 or the “Juvenile
Justice and Welfare Act”.

10
 III. CONCLUSION/RECOMMENDATION

Laws/rules are designed to be responsive to varied needs of its scope.

They work in such a way that in case there is no specific rule for a certain
circumstance, some other rule could be used. In this study, there is no specific rule
as to who should be civilly liable in case a minor without a parent and a property
commits a tort. Laws together with the government form a system that will cater the
needs of its subjects. There might be no specific established rule as of the moment
but the so-called system works in furtherance of justice. Normally, the tortfeasor is
liable for the tort committed but in case of a minor tortfeasor, the law assigns the
liability for an injury to a person who has a particular legal relationship to the
tortfeasor. The system also works whenever a minor has no parents and property.
Other rules may be applied in this case and with the support of the State particularly
the government. However, rules, at times, should be clearly defined and formulated
for a specific purpose. Clearly defined rules would be very beneficial to those who
are covered by such rules (e.g., minor, aggrieved parties). The significance of a
specific law/rule on a matter can be well defined in a canon of statutory construction
which provides that a special law prevails over a general law — regardless of their
dates of passage — and the special is to be considered as remaining an exception
to the general. In fact, the Supreme Court also ruled on the importance of special
laws in Philippine Railway Co. vs. Nolting 34 Phil., 401, “The Legislature consider
and make provision for all the circumstances of the particular case. The Legislature
having specially considered all of the facts and circumstances in the particular case
in granting a special charter. . .”. The subject matter of this study is an exceptional
case which needs special rules or exceptions to that of the general rule or those that
are usually applied in case of the absence of a rule. Every effort must be exerted to
avoid a conflict between statutes for the benefit of those that are covered by the
statutes. It is thus, an asset of a state to have a Government and a Justice System
that serves the needs of its subjects.

11
REFERENCES:

 Ingles, I (2016). Philippine Sports Torts: Adopting a Standard of Care for

Sports Competitions and Establishing Vicarious Liability for Professional
Coaches. 27 Marq. Sports L.
Retrieved from: https://scholarship.law.marquette.edu/sportslaw/vol27/iss1/2

 Ahmadzadeh A. et al (2015). Investigation and Identification of Parental Civil

Liability for Harmful Acts and Behaviors of Their Children. J Socialomics.

 Retrieved from: https://www.longdom.org/open-access/investigation-and-

identification-of-parental-civil-liability-for-harmful-actsand-behaviors-of-their-
children-2167-0358-1000133.pdf

 2003 Rules on Guardianship of Minors. A.M. NO. 03-02-05-SC (May 1, 2003)

(Phil.)

 Sanchez J. (2017). Overview of Philippine Juvenile Justice and Welfare.n.p

Retrieved from:
https://www.unafei.or.jp/publications/pdf/RS_No101/No101_17_IP_Philippines
.pdf

 Kaiman, Jonathan et al (2016). The Philippines has 1.8 million abandoned

children. Here’s what keeps many from adoption. Los Angeles Times.
Retrieved from:

12
https://www.latimes.com/world/asia/la-fg-philippines-orphans-adv-snap-
story.html

13