G.R. No. 100113 - Cayetano vs. Monsod

On 20 October 1982, Adelberto Bundoc, a 10-year-old minor, shot Jennifer Tamargo with an air rifle, inflicting fatal injuries.
At the time, Adelberto was living with his natural parents, Victor and Clara Bundoc, in Vigan, Ilocos Sur.

Civil Case No. 3457-V: Macario Tamargo (Jennifer’s adopting parent) and Celso & Aurelia Tamargo (Jennifer’s natural parents) filed a complaint for damages against Victor & Clara Bundoc for parental liability.
Criminal Case No. 1722-V: Criminal information for homicide through reckless imprudence was filed against Adelberto; he was acquitted and exempted from liability for acting without discernment.

On 10 December 1981, Sabas & Felisa Rapisura filed a petition to adopt Adelberto Bundoc; the petition was granted on 18 November 1982.
Victor & Clara Bundoc claimed the Rapisura spouses to be indispensable parties based on the grant of adoption.
The trial court dismissed the Tamargos’ complaint on 3 December 1987 for failing to join indispensable parties.
Motions for reconsideration (filed 14 December 1987 and 15 January 1988) were denied for lack of proper notice.
A notice of appeal filed on 28 April 1988 was dismissed by the trial court on 6 June 1988 as tardy.
The Court of Appeals denied the petition for mandamus and certiorari, ruling that the Tamargos had lost their right to appeal.

Whether the Tamargos may still invoke Supreme Court jurisdiction despite the loss of their right to appeal and the late filing of their notice of appeal.
Whether the Supreme Court may relax procedural rules to take cognizance of an out-of-time appeal in order to serve substantial justice.

Whether the adoption decree’s retroactive effect (as of petition filing) vested parental authority in the adopting parents so as to make them indispensable parties in the damages suit.
Whether natural parents retain parental authority—and thus liability—for torts committed by their minor child before actual custody shifted to the adopting parents.