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    Torts and Damages Case Digest: Pedro Elcano, Et Al., V. Reginal Hill Et Al. (1977)

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    1. The civil action against Reginald Hill for damages from killing Agapito Elcano is not barred by his criminal acquittal, as civil and criminal cases have different standards of proof. Acquittal in criminal court does not extinguish civil liability. 2. While Reginald's marriage emancipated him, his father Atty. Marvin Hill still had authority over his property and financial transactions as a minor. Atty. Hill can thus be held civilly liable for Reginald's actions along with Reginald. 3. The Supreme Court reversed the lower court's dismissal, finding Reginald and Atty. Hill civilly liable for damages from Agapito Elcano's

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    Torts and Damages Case Digest: Pedro Elcano, Et Al., V. Reginal Hill Et Al. (1977)

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    jobelle barcellano
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    1. The civil action against Reginald Hill for damages from killing Agapito Elcano is not barred by his criminal acquittal, as civil and criminal cases have different standards of proof. Acquittal in criminal court does not extinguish civil liability. 2. While Reginald's marriage emancipated him, his father Atty. Marvin Hill still had authority over his property and financial transactions as a minor. Atty. Hill can thus be held civilly liable for Reginald's actions along with Reginald. 3. The Supreme Court reversed the lower court's dismissal, finding Reginald and Atty. Hill civilly liable for damages from Agapito Elcano's

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    Elcano v Hill

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    1. The civil action against Reginald Hill for damages from killing Agapito Elcano is not barred by his criminal acquittal, as civil and criminal cases have different standards of proof. Acquittal in criminal court does not extinguish civil liability. 2. While Reginald's marriage emancipated him, his father Atty. Marvin Hill still had authority over his property and financial transactions as a minor. Atty. Hill can thus be held civilly liable for Reginald's actions along with Reginald. 3. The Supreme Court reversed the lower court's dismissal, finding Reginald and Atty. Hill civilly liable for damages from Agapito Elcano's

    Copyright:

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

    Torts and Damages Case Digest: Pedro Elcano, Et Al., V. Reginal Hill Et Al. (1977)

    Uploaded by

    jobelle barcellano
    1. The civil action against Reginald Hill for damages from killing Agapito Elcano is not barred by his criminal acquittal, as civil and criminal cases have different standards of proof. Acquittal in criminal court does not extinguish civil liability. 2. While Reginald's marriage emancipated him, his father Atty. Marvin Hill still had authority over his property and financial transactions as a minor. Atty. Hill can thus be held civilly liable for Reginald's actions along with Reginald. 3. The Supreme Court reversed the lower court's dismissal, finding Reginald and Atty. Hill civilly liable for damages from Agapito Elcano's

    Copyright:

    © All Rights Reserved
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    Torts And Damages Case Digest: Pedro

    Elcano, Et Al., V. Reginal Hill Et Al. (1977)


     G.R. No. L-24803 May 26, 1977
    Laws Applicable: ART. 2177,Article 397,article 1093,Article 2180 of the Civil
    Code
    Lessons Applicable: Quasi-delict (Tort and Damages)

    FACTS:
     Reginald Hill, a minor, married but living with his father, Atty. Marvin Hill
    with whom he was living and getting subsistence killed Agapito Elcano
     CFI Civil Case: dismissed on the ground that he was acquitted on the
    ground that his act was not criminal, because of "lack of intent to kill,
    coupled with mistake
     Spouses Elcano appealed
    ISSUES:
    1. W/N the civil action should be barred by the acquittal of criminal action -
    NO
    2. W/N the Civil Code can be applied to Atty. Marvin Hill even though
    Reginald is already married -YES
    HELD: order appealed from is reversed

    1. NO.
     separate individuality of a cuasi-delito or culpa aquiliana, under the Civil
    Code has been fully and clearly recognized, even with regard to a negligent
    act for which the wrongdoer could have been prosecuted and convicted in a
    criminal case and for which, after such a conviction, he could have been
    sued for this civil liability arising from his crime.
     If we were to hold that articles 1902 to 1910 of the Civil Code refer only
    to fault or negligence not punished by law, accordingly to the literal import
    of article 1093 of the Civil Code, the legal institution of culpa
    aquiliana would have very little scope and application in actual life
     to find the accused guilty in a criminal case, proof of guilt beyond
    reasonable doubt is required, while in a civil case, preponderance of
    evidence is sufficient to make the defendant pay in damages. . Otherwise.
    there would be many instances of unvindicated civil wrongs. "Ubi jus
    Idemnified remedium." 
     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.
     in reiteration of Garcia, that culpa aquiliana  includes voluntary and
    negligent acts which may be punishable by law
     It results, therefore, that the acquittal of Reginal Hill in the criminal case
    has not extinguished his liability for quasi-delict, hence that acquittal is not
    a bar to the instant action against him.
    2. YES
     While it is true that parental authority is terminated upon emancipation
    of the child (Article 327, Civil Code), and under Article 397, emancipation
    takes place "by the marriage of the minor (child)", it is, however, also clear
    that pursuant to Article 399, emancipation by marriage of the minor is not
    really full or absolute. Thus "(E)mancipation by marriage or by voluntary
    concession shall terminate parental authority over the child's person. It shall
    enable the minor to administer his property as though he were of age, but
    he cannot borrow money or alienate or encumber real property without the
    consent of his father or mother, or guardian. He can sue and be sued in
    court only with the assistance of his father, mother or guardian."

     Article 2180, "(T)he obligation imposed by article 2176 is demandable


    not only for one's own acts or omissions, but also for those of persons for
    whom one is responsible
     the marriage of a minor child does not relieve the parents of the duty to
    see to it that the child, while still a minor, does not give answerable for the
    borrowings of money and alienation or encumbering of real property which
    cannot be done by their minor married child without their consent
     Reginald is now of age, as a matter of equity, the liability of Atty. Hill has
    become milling, subsidiary to that of his son.

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