Facts: Julie Ann Gotiong and Wendell Libi, both minors, were sweethearts for two years. Julie broke up her relationship with Wendell after finding the latter sadistic and irresponsible. Wendell incessantly pursued her and demanded reconciliation but Julie persisted in her refusal, prompting the Wendell to resort to threats against her. One day, there were found dead from a single gunshot wound each coming from a revolver licensed in the name of Cresencio Libi, father of Wendell. The parents of Julie Ann filed against Wendell's parents to recover damages, arising from the latter’s vicarious liability under Article 2180 of the Civil Code.
Amelita Yap Libi, mother of Wendell, testified that her husband, Cresencio Libi, owns a gun which he kept in a safety deposit box inside a drawer in their bedroom. Each of them holds a key to the safety deposit box and her key is always in her bag, all of which facts were known to Wendell. They have never seen their son Wendell taking or using the gun. She admitted, however, that on that fateful night the gun was no longer in the safety deposit box.
Issue: WON the parents should be held liable for damages.
Held: Petitioner spouses had not really been exercising the diligence of a good father by safely locking the fatal gun away. Wendell could not have gotten hold thereof unless one of the keys to the safety deposit box was negligently left lying around or he had free access to the bag of his mother where the other key was. Having been grossly negligent in preventing Wendell Libi from having access to said gun which was allegedly kept in a safety deposit box, spouses Libi are subsidiarily liable for the natural consequence of the criminal act of said minor who was living in their company.
Parents are and should be held primarily liable for the civil liability arising from criminal offenses committed by their minor children under their legal authority or control, or who live in their company, unless it is proven that the former acted with the diligence of a good father of a family to prevent such damages. Such primary liability shall be imposed pursuant to Article 2180 of the Civil Code.
Under said Article 2180, the enforcement of such liability shall be effected against the father and, in case of his death or incapacity, the mother. This was amplified by the Child and Youth Welfare Code which provides that the same shall devolve upon the father and, in case of his death or incapacity, upon the mother or, in case of her death or incapacity, upon the guardian, but the liability may also be voluntarily assumed by a relative or family friend of the youthful offender. However, under the Family Code, this civil liability is now, without such alternative qualification, the responsibility of the parents and those who exercise parental authority over the minor offender. For civil liability arising from quasi-delicts committed by minors, the same rules shall apply in accordance with Articles 2180 and 2182 of the Civil Code, as so modified. (Libi vs. IAC, G.R. No. 70890, September 18, 1992).
Parents are and should be held primarily liable for the civil liability arising from criminal offenses committed by their minor children under their legal authority or control, or who live in their company, unless it is proven that the former acted with the diligence of a good father of a family to prevent such damages. Such primary liability shall be imposed pursuant to Article 2180 of the Civil Code.
Under said Article 2180, the enforcement of such liability shall be effected against the father and, in case of his death or incapacity, the mother. This was amplified by the Child and Youth Welfare Code which provides that the same shall devolve upon the father and, in case of his death or incapacity, upon the mother or, in case of her death or incapacity, upon the guardian, but the liability may also be voluntarily assumed by a relative or family friend of the youthful offender. However, under the Family Code, this civil liability is now, without such alternative qualification, the responsibility of the parents and those who exercise parental authority over the minor offender. For civil liability arising from quasi-delicts committed by minors, the same rules shall apply in accordance with Articles 2180 and 2182 of the Civil Code, as so modified. (Libi vs. IAC, G.R. No. 70890, September 18, 1992).
