G.R. No. L-10134 - Exconde vs. Capuno

Dante Capuno, son of Delfin Capuno, was accused of double homicide through reckless imprudence involving the deaths of Isidoro Caperina and Amado Ticzon on March 31, 1949.
The criminal case was tried in the Court of First Instance of Laguna (Criminal Case No. 15001), where Dante was found guilty. The conviction was affirmed by the Court of Appeals.
Dante Capuno was only fifteen (15) years old at the time of the incident.
Sabina Exconde, as the mother of deceased Isidoro Caperina, reserved her right to bring a separate civil action for damages against the accused.

Sabina Exconde filed a civil action against Delfin Capuno and Dante Capuno claiming damages amounting to P2,959.00 for the death of her son.
Defendants contended that only Dante Capuno should be liable as Dante was not under Delfin Capuno’s control, supervision, or custody at the time of the accident.
The lower court sustained the defense and held only Dante liable for the damages.

Dante was a member of the Boy Scouts and a student at Balintawak Elementary School in San Pablo City.
On March 31, 1949, Dante attended a parade honoring Dr. Jose Rizal upon orders from the city school supervisor.
After boarding a jeep from school with other students, Dante took hold of the vehicle's wheel and drove it while the driver sat beside him. Shortly after, the jeep overturned causing the deaths of Amado Ticzon and Isidoro Caperina.

The case involves interpretation of Article 1903, paragraphs 1 and 5, of the Spanish Civil Code, which imposes liability on parents for damages caused by minor children living with them, and on teachers or directors of arts and trades for damages caused by their pupils or apprentices while under their custody.

Whether Delfin Capuno, the father, can be held civilly liable jointly and severally with his son Dante Capuno for the damages caused by Dante’s negligent acts resulting in the death of Isidoro Caperina.

Whether the liability of teachers or directors of arts and trades under Article 1903 applies to academic institutions such as elementary schools.

Whether the defense that Dante was not under the father’s supervision at the time of the accident exempts Delfin Capuno from liability.