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    Libi v. Iac, 214 Scra 16

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    Jhee-Ann Belgica
    The parents of Wendell Libi are liable under Article 2180 of the Civil Code for damages arising from the death of Julie Ann Gotiong. Article 2180 holds parents liable for damages caused by their children who are under their authority and control, unless the parents exercised diligence to prevent harm. Here, Wendell Libi used his father's licensed firearm to kill Julie Ann Gotiong. While the death could be from a felony or quasi-delict, the court found Wendell's parents failed to exercise due diligence and are thus liable for damages under Article 2180.

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    Libi v. Iac, 214 Scra 16

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    Jhee-Ann Belgica
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    The parents of Wendell Libi are liable under Article 2180 of the Civil Code for damages arising from the death of Julie Ann Gotiong. Article 2180 holds parents liable for damages caused by their children who are under their authority and control, unless the parents exercised diligence to prevent harm. Here, Wendell Libi used his father's licensed firearm to kill Julie Ann Gotiong. While the death could be from a felony or quasi-delict, the court found Wendell's parents failed to exercise due diligence and are thus liable for damages under Article 2180.

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    The parents of Wendell Libi are liable under Article 2180 of the Civil Code for damages arising from the death of Julie Ann Gotiong. Article 2180 holds parents liable for damages caused by their children who are under their authority and control, unless the parents exercised diligence to prevent harm. Here, Wendell Libi used his father's licensed firearm to kill Julie Ann Gotiong. While the death could be from a felony or quasi-delict, the court found Wendell's parents failed to exercise due diligence and are thus liable for damages under Article 2180.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    41 views1 page

    Libi v. Iac, 214 Scra 16

    Uploaded by

    Jhee-Ann Belgica
    The parents of Wendell Libi are liable under Article 2180 of the Civil Code for damages arising from the death of Julie Ann Gotiong. Article 2180 holds parents liable for damages caused by their children who are under their authority and control, unless the parents exercised diligence to prevent harm. Here, Wendell Libi used his father's licensed firearm to kill Julie Ann Gotiong. While the death could be from a felony or quasi-delict, the court found Wendell's parents failed to exercise due diligence and are thus liable for damages under Article 2180.

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    © All Rights Reserved
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    of 1

    CRESENCIO LIBI * and AMELIA YAP LIBI, 

    Petitioners
    v.
    HON. INTERMEDIATE APPELLATE COURT, FELIPE GOTIONG and SHIRLEY GOTIONG, Respondents.

    [G.R. No. 70890. September 18, 1992.]


    DOCTRINE:

    The parents are and should be held primarily liable for the civil liability arising from criminal offenses committed by
    their minor children under their legal authority or control, or who live in their company, unless it is proven that the
    former acted with the diligence of a good father of a family to prevent such damages. That primary liability is
    premised on the provisions of Article 101 of the Revised Penal Code with respect to damages ex delicto caused by
    their children 9 years of age or under, or over 9 but under 15 years of age who acted without discernment; and, with
    regard to their children over 9 but under 15 years of age who acted with discernment, or 15 years or over but under
    21 years of age, such primary liability shall be imposed pursuant to Article 2180 of the Civil Code. Under said Article
    2180, the enforcement of such liability shall be effected against the father and, in case of his death or incapacity, the
    mother.

    FACTS:
    Julie Ann Gotiong was an 18-year old first year commerce student in Cebu City. For more than two (2) years before
    their deaths, Julie Ann Gotiong and Wendell Libi were sweethearts until December, 1978 when Julie Ann broke up
    her relationship with Wendell after she supposedly found him to be sadistic and irresponsible. After this, Julie Ann
    and Wendell died, each from a single gunshot wound inflicted with a firearm licensed in the name of petitioner
    Cresencio Libi, which was recovered from the scene of the crime inside the residence of private respondents at the
    corner of General Maxilom and D. Jakosalem streets of the same city. As a result of the tragedy, the parents of Julie
    Ann filed a case in the CFI against the parents of Wendell to recover damages arising from the latter’s vicarious
    liability under Article 2180 of the Civil Code. The CFI dismissed the complaint. On appeal, the IAC ruled that the
    parents of Wendell Libi are jointly and severally liable for the death of Julie Ann. Hence this petition.

    ISSUE:
    Whether or not parents of Wendell Libi are liable under Article 2180 of the Civil Code.

    RULING:
    Yes. The parents are and should be held primarily liable for the civil liability arising from criminal offenses committed
    by their minor children under their legal authority or control, or who live in their company, unless it is proven that the
    former acted with the diligence of a good father of a family to prevent such damages. That primary liability is
    premised on the provisions of Article 101 of the Revised Penal Code with respect to damages ex delicto caused by
    their children 9 years of age or under, or over 9 but under 15 years of age who acted without discernment; and, with
    regard to their children over 9 but under 15 years of age who acted with discernment, or 15 years or over but under
    21 years of age, such primary liability shall be imposed pursuant to Article 2180 of the Civil Code.

    Under said Article 2180, the enforcement of such liability shall be effected against the father and, in case of his death
    or incapacity, the mother. This was amplified by the Child and Youth Welfare Code which provides that the same
    shall devolve upon the father and, in case of his death or incapacity, upon the mother or, in case of her death or
    incapacity, upon the guardian, but the liability may also be voluntarily assumed by a relative or family friend of the
    youthful offender. However, under the Family Code, this civil liability is now, without such alternative qualification, the
    responsibility of the parents and those who exercise parental authority over the minor offender. 33 For civil liability
    arising from quasi-delicts committed by minors, the same rules shall apply in accordance with Articles 2180 and 2182
    of the Civil Code, as so modified.

    In the case at bar, whether the death of the hapless Julie Ann Gotiong was caused by a felony or a quasi-delict
    committed by Wendell Libi, respondent court did not err in holding petitioners liable for damages arising therefrom.
    Subject to the preceding modifications of the premises relied upon by it therefor and on the bases of the legal
    imperatives herein explained, we conjoin in its findings that said petitioners failed to duly exercise the requisite
    diligentissimi patris familias to prevent such damages.

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