G.R. No. 70890 September 18 1992
FACTS:
Wendell Libi shot his lover Julie Ann Giotong, both minors,
before he turned the firearm on himself. As a result, the parents of Julie Ann
filed against Wendell's parents to recover damages. The trial court rendered
judgment dismissing the complaint for insufficiency of evidence. CA reversed
the decision.
ISSUE:
Whether or not the parents of Wendell Libi liable for
vicarious liability.
RULING:
Yes. The subsidiary liability of parents for damages cause
by their minor children is imposed by Article 2180 of the New Civil Code, which
covers obligations arising from both quasi-delicts and criminal offenses. The
parents' liability as being primary and not subsidiary and liability shall
ceased if the parents can prove that they observe all the diligence of a good
father to prevent damage.
In this case, the parents had not exercised due diligence in supervising
the activities of their son. It was only at the time of Wendell's death that
they allegedly discovered that he was drug informant of CANU and that the gun
used in the shooting incident was missing from the safety deposit box. Having
been grossly negligent in preventing Wendell from having access to said gun,
the Libis are subsidiary liable for the natural consequence of the criminal act
of said minor who was living in their company.
