Elcano vs Hill

77 SCRA 100 May 26, 1977

Article 1162 Obligations arising from quasi delicts
FACTS: Reginald Hill, a minor, legally married but living with his father, Atty. Marvin Hill
with whom he was getting subsistence, killed Agapito Elcano. After due trial, Reginald
was acquitted on the ground that his act was not criminal because of "lack of intent to
kill, coupled with mistake." Thus, Spouses Elcano appealed, filing a civil action against
Reginald and his dad (Marvin Hill) for damages based on Article 2180 of the Civil Code.
Hill argued that the civil action is barred by his sons acquittal in the criminal case; and
that his civil liability as a parent has been extinguished by the fact that his son is already
an emancipated minor by reason of his marriage.
ISSUES:
(1) Whether or not the present civil action for damages is already barred by the acquittal
of Reginald.
(2) Whether or not Atty. Marvin Hill has a vicarious liability being the father of a minor
child who committed a delict.
HELD: No. The acquittal of Reginald Hill in the criminal case has not extinguished his
liability for quasi-delicts, hence the acquittal is not a bar to the instant action against
him. To find the accused guilty in a criminal case, proof beyond reasonable doubt is
required unlike in civil cases, preponderance of evidence is sufficient. The concept of
culpa acquiliana includes acts which are criminal in character or in violation of the penal
law, whether voluntary or negligent. Also, Art 2177 CC provides that Responsibility for
fault or negligence is separate and distinct from the civil liability arising from negligence
under the Penal Code. However, plaintiff cannot recover damages twice for the same
act or omission.
While it is true that parental authority is terminated upon emancipation of the child (ART
327CC), and under Art 397, emancipation takes place by marriage of the minor, such
emancipation is not absolute and full. Reginald although married, was living with his
father and still dependent from the latter. ART 2180 applies to Atty. Marvin Hill
notwithstanding the emancipation by marriage of Reginald.
Additional Info:
Article 1162, simply says, "Obligations derived from quasi-delicto shall be governed by
the provisions of Chapter 2, Title XVII of this Book, (on quasi-delicts) and by special
laws." More precisely, a new provision, Article 2177 of the new code provides:
ART. 2177. Responsibility for fault or negligence under the preceding article is entirely
separate and distinct from the civil liability arising from negligence under the Penal
Code. But the plaintiff cannot recover damages twice for the same act or omission of
the defendant.