Libi vs.

IAC

• Son of Libi spouses, Wendell was a sweetheart of the private respondents (Spouses Gotiong) named
Julie Ann who eventually fell out of love from the former (due to being sadistic and irresponsible) which
led to a fateful day of their death by a gunshot from a gun owned by Wendell’s father.

• The Gotiong’s believe that Wendell caused the death of their daughter and himself due to frustration
while the Libi’s believe that some unknown third party did it in relation to Wendell’s work as informer
for Anti-Narcotics Unit.

• Spouses Gotiong sued Libi spouses for damages invoking Art. 2180 of the Civil Code for Vicarious
liability of Parents with respect to their minor children.

• RTC ruled in favor of Libi’s by reason of lack of evidence. CA held the reverse holding them
subsidiarliy liable.

ISSUE: W/N Libi spouses are subsidiarily liable in the instant case.

The subsidiary liability of parents for damages caused by their minor children imposed under Art 2180 of
the Civil Code and Art. 101 of Revised Penal Code covered obligations arising from both quasi-delicts
and criminal offenses. The court held that the civil liability of the parents for quasi-delict of their minor
children is primary and not subsidiary and that responsibility shall cease when the persons can prove that
they observe all the diligence of a good father of a family to prevent damage. However, Wendell’s
mother testified that her husband owns a gun which he kept in a safety deposit box inside a drawer in their
bedroom. Each of the spouses had their own key. She likewise admitted that during the incident, the gun
was no longer in the safety deposit box. Wendell could not have gotten hold of the gun unless the key
was left negligently lying around and that he has free access of the mother’s bag where the key was
kept. The spouses failed to observe and exercise the required diligence of a good father to prevent such
damage.

• CA wrongly interpreted the vicarious liability of parents. It must be primary using Article 101 of the RPC. If
subsidiary only: the diligence of bonus pater familias will not lie since they will answer for the minor at any rate but
if primary: it will be direct, hence the defense.
• In this case however, the parents as still failed to discharge themselves of any defense because evidence shows
Wendell knew of the location of the keys for the Gunsafe, Libi’s do not know of his being a CANU agent and
photography of Julie Ann was with the accused upon his death with the gun.