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    Exconde Vs Capuno

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    rm2803
    Delfin Capuno and his son Dante Capuno were sued for damages resulting from a double homicide committed by Dante when he was 15 years old. The lower court found only Dante liable, but the Supreme Court found both Dante and his father Delfin jointly and severally liable under Article 1903 of the Spanish Civil Code. This article states that the father is liable for any damages caused by minor children who live with them. The court held the father was still liable even though the son was no longer under his direct control or supervision at the time of the accident.

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    Exconde Vs Capuno

    Uploaded by

    rm2803
    480 views2 pages
    Delfin Capuno and his son Dante Capuno were sued for damages resulting from a double homicide committed by Dante when he was 15 years old. The lower court found only Dante liable, but the Supreme Court found both Dante and his father Delfin jointly and severally liable under Article 1903 of the Spanish Civil Code. This article states that the father is liable for any damages caused by minor children who live with them. The court held the father was still liable even though the son was no longer under his direct control or supervision at the time of the accident.

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    exconde v capuno

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    Exconde vs Capuno

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    Delfin Capuno and his son Dante Capuno were sued for damages resulting from a double homicide committed by Dante when he was 15 years old. The lower court found only Dante liable, but the Supreme Court found both Dante and his father Delfin jointly and severally liable under Article 1903 of the Spanish Civil Code. This article states that the father is liable for any damages caused by minor children who live with them. The court held the father was still liable even though the son was no longer under his direct control or supervision at the time of the accident.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    480 views2 pages

    Exconde Vs Capuno

    Uploaded by

    rm2803
    Delfin Capuno and his son Dante Capuno were sued for damages resulting from a double homicide committed by Dante when he was 15 years old. The lower court found only Dante liable, but the Supreme Court found both Dante and his father Delfin jointly and severally liable under Article 1903 of the Spanish Civil Code. This article states that the father is liable for any damages caused by minor children who live with them. The court held the father was still liable even though the son was no longer under his direct control or supervision at the time of the accident.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CASE BRIEF

    Style of the Case: Sabina Exconde vs Delfin Capuno


    Court: First Division, Supreme Court
    Judge: Justice Bautista Angelo
    Facts and Procedural History:
    Dante Capuno, son of Delfin Capuno, was accused of double homicide
    through reckless imprudence for the death of Isidoro Caperina and
    Amado Ticzon on March 31, 1949.
    After trial, Dante Capuno was found guilty of the crime charged and, on
    appeal, the Court of Appeals affirmed the decision. Dante Capuno was
    only 15 years old when he committed the crime.
    Sabina Exconde filed the present action against Delfin Capuno and his
    son Dante Capuno asking for damages in the aggregate amoun of
    P2,959.00 for the death of her son Isidoro Caperina.
    Defense said that only the son should be held liable since at the time
    of the accident, the son was not under the control, supervision and
    custody of the father. The defense was sustained by the lower court
    and they only convicted Dante Capuno to pay the damages claimed in
    the complaint.
    Issues:
    W/N defendant Delfin Capuno can be held civilly liable, jointly and
    severally with his son Dante, for damages resulting from the death of
    Isidora Caperina caused by the negligent act of minor Dante Capuno.
    Holding:
    Yes. Lower court erred in relieving the father from liability because the
    case came under Art 1903 of the Spanish Civil Code paragraph 1 and
    5, which provides:
    The father, and in case of his death or incapacity, the mother, are
    liable for any damages caused by the minor children who live with
    them. xxx Finally, teachers or directors of arts and trades are liable for
    any damages caused by their pupils or apprentices while they are
    under their custody.

    The law above only applies to an institution of arts and trades and not
    to any academic educational institution, which Dante Capunos school
    is.
    The law also provides that the father (or the mother, in case of his
    incapacity or death) is imposed with the damages that will be caused
    by the minor children who live with them.

    Written by: Raissa N. Matunog

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