G.R. No. 70890 – 214 SCRA 16 – Civil Law – Torts and Damages – Vicarious Liability of Parents – Murder-Suicide of Minor Lovers
Since about 1976, minors Julie Ann Gotiong and Wendell Libi were lovers. In December 1978, Julie Ann decided to break up with Wendell because the latter has violent tendencies. Julie Ann refused to give Wendell his second chance. On January 14, 1979, both minors were found dead inside Julie Ann’s house. Both were only 18 years of age (age of majority that time was 21).
Apparently, Wendell used his father’s gun to kill Julie Ann and then later he committed suicide.
The parents of Julie Ann (Felipe and Shirley Gotiong) then filed a civil case for recovery of damages based on Article 2180 of the Civil Code against the parents of Wendell (Cresencio and Amelia Libi).
ISSUE: Whether or not the parents of Wendell are civilly liable?
HELD: Yes. It was determined from the evidence adduced that the Libis had been negligent in safekeeping their gun. Wendell gained access to the gun in 1978 and the Libis did not know that their son had possession of said gun. They only found out about it when the shooting happened. Further, they were not even aware that their son is a drug informant of the local Constabulary (police force at that time). Clearly, the parents were negligent and were not acting with the diligence required by law (that of a good father of a family) in making sure that their minor children shall not cause damages against other persons.
What is the nature of their liability?
In this case, the Supreme Court also clarified that the nature of the liability of parents in cases like this is not merely subsidiary. Their liability is primary. This is whether or not what the damage caused by their minor child arose from quasi-delict or from a criminal act. This is also the reason why parents can avoid liability if they will be able to show that they have acted with the diligence required by law because if their liability is merely subsidiary, they can never pose the defense of diligence of a good father of a family.
