Libi vs IAC

Libi vs. IAC

FACTS:

Julie Ann Gotiong and Wendell Libi were a sweetheart until the former broke up with the latter after she found out the Wendell was irresponsible and sadistic.  Wendell wanted reconciliation but was not granted by Julie so it prompted him to resort to threats.  One day, there were found dead from a single gunshot wound each coming from the same gun.  The parents of Julie herein private respondents filed a civil case against the parents of Wendell to recover damages.  Trial court dismissed the complaint for insufficiency of evidence but was set aside by CA.

ISSUE: WON the parents should be held liable for such damages.

HELD:

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.