Case Digest (G.R. No. 226335)
Facts:
Plaintiffs Pascual, Romano and Juana Lleanza de Romano, as heirs of Editha Romano, sued defendants Celsostomo Parinas and Caridad Donato de Parinas in the Court of First Instance of Abra to recover P10,000 in damages. They alleged that the defendants, as the legitimate parents of minor Antonio Parinas, allowed him to drive a motor vehicle, which overturned and caused Editha’s death.The defendants denied permitting their son to drive and alleged that the accident, if any, resulted from Editha’s fault and negligence. After their answer, defendant Crisostomo Parinas moved to drop Caridad Donato for misjoinder, arguing that under Article 2180 of the new Civil Code, the father is primarily responsible except upon his death or incapacity; the trial court granted the motion.
Issues:
- Whether the mother (Caridad Donato de Parinas) was properly joined as a defendant in an action for damages arising from a minor child’s negligent act under Articles 2176 and 2180 of the new Civil Code.
Case Digest (G.R. No. 226335)
Facts:
- Action filed and court of origin
- Plaintiffs and appellants Pascual, Romano and Juana Lleanza de Romano instituted an action in the Court of First Instance of Abra against defendants and appellees Crisostomo Parinas and Caridad Donato de Parinas.
- Plaintiffs sought to recover damages in the amount of P10,000.
- Plaintiffs alleged that defendants were the legitimate parents of Antonio Parinas, a minor.
- Alleged incident and basis of liability
- Plaintiffs alleged that defendants allowed Antonio Parinas to drive a motor vehicle with a passenger, Editha Romano.
- Plaintiffs alleged that, due to Antonio Parinas’ lack of foresight and experience, the vehicle overturned.
- Plaintiffs alleged that the accident resulted in the death of Editha Romano.
- Defendants’ answer and affirmative defenses
- Defendants denied that they permitted their son to drive any motor vehicle.
- Defendants alleged that, if on the occasion stated in the complaint Antonio Parinas drove a jeep, it was upon the persistent plea of Editha Romano.
- Defendants also alleged that, if the accident occurred, it was due to Editha Romano’s fault and negligence.
- Motion to drop a party-defendant and procedural development
- After filing their answer, defendants filed a motion asking that Caridad Donato, wife of Crisostomo Parinas, be dropped from the complaint.
- Defendants invoked misjoinder of parties-defendants.
- Defendants contended that under Article 2180 of the new Civil Code, the father is primarily responsible for damages caused by minor children, except in case of the father’s death or incapacity, when the mother becomes answerable.
- On February 14, 1955, the Court of First...(Subscriber-Only)
Issues:
- Propriety of including the mother as party-defendant
- Whether it was proper for plaintiffs to include Caridad Donato de Parinas as a defendant in the complaint.
- Whether the lower court acted correctly in dropping the ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)