Title
Romano vs. Parinas
Case
G.R. No. L-10129
Decision Date
Apr 22, 1957
Parents sued for damages after minor son's negligent driving caused a passenger's death; court ruled only father liable under Civil Code, dismissing mother from case.
A

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)

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