Case Summary (G.R. No. L-10134)
Procedural Posture
Criminal proceedings: Dante Capuno was tried in the Court of First Instance of Laguna for double homicide through reckless imprudence (Criminal Case No. 15001), was convicted, and the conviction was affirmed on appeal. Civil proceedings: Pursuant to her reservation of civil action during the criminal trial, Sabina Exconde filed an action for P2,959.00 in damages against Delfin and Dante. The trial court held Delfin not civilly liable and convicted only Dante to pay damages; plaintiff appealed to the Supreme Court.
Facts Relevant to Liability
Dante, a minor and student, attended a school-instructed parade. After boarding a jeep with other students, Dante took hold of the wheel and drove while the driver sat on his left; the jeep soon overturned, resulting in fatalities. Defendants argued that, if liable, it should be Dante alone because he was not under the control, supervision, and custody of his father at the time; the lower court sustained this defense.
Issue Presented
Whether Delfin Capuno can be held civilly liable, jointly and severally with his minor son Dante, for damages caused by Dante’s negligent act that resulted in the death of Isidoro Caperina, under Article 1903 of the Spanish Civil Code.
Applicable Law
Primary statutory basis: Spanish Civil Code, Article 1903 (as cited: paragraphs 1 and 5), which imposes liability for acts of persons for whom another is responsible and specifically provides that the father (or, in his absence or incapacity, the mother) is liable for damages caused by minor children living with them. The opinion also invokes Articles 154 and 155 of the Spanish Civil Code regarding parental authority, duties of support, education, and the right to correct. Applicable constitution (by virtue of the decision date): the 1935 Philippine Constitution.
Majority Reasoning
The Court emphasized that Article 1903 creates parental civil liability for damages caused by minor children living with their parents as a corollary of parental authority and duties (support, custody, education, instruction, and corrective rights under Articles 154 and 155). The majority distinguished the provision concerning “teachers or directors of arts and trades” as referring to institutions of arts and trades, not extending that special teacher-liability rule to ordinary academic institutions. Given that Dante was a minor living with his father and the facts of that status were undisputed, the Court found the civil liability of the father to be evident under Article 1903. The Court further indicated that the parent can only avoid that liability upon proof of facts sufficient to relieve them (as the Court phrased it, the method of relief requires proof), and held that such relief had not been established in this case.
Holding and Disposition
The Supreme Court modified the judgment appealed from and held that Delfin Capuno and Dante Capuno are jointly and severally liable to pay Sabina Exconde the sum of P2,959.00 as damages, together with the costs of action. The majority opinion was concurred in by Bengzon, Montemayor, Labrador, and Endencia, JJ.; Chief Justice Paras concurred in the result.
Dissenting Opinion
Justice Reyes, joined by Justices Padilla and Reyes, A., would have affirmed the lower court relieving the father of liability. The dissent argued that Article 1903 should not be read to exclude academic teachers or school authorities from the scope of responsibility where they have custody and supervision of pupils; in their view, the phrase “teachers or heads of establishments of arts and trades” should not be narrowly limited so as to deny analogous responsibility to academic teachers or school authorities who actually exercise supervision. The dissent reasoned that when a parent entrusts a child to competent school authorities, the parent is entitled to assume adequate supervision will be provided and thereby rebuts any presumption
...continue readingCase Syllabus (G.R. No. L-10134)
Citation and Procedural Reference
- Reported in 101 Phil. 843; G.R. No. L-10134; decided June 29, 1957.
- Case styled: Sabina Exconde, plaintiff and appellant, vs. Delfin Capuno and Dante Capuno, defendants and appellees.
- Decision authored by Bautista Angelo, J.
- Judges Bengzon, Montemayor, Labrador, and Endencia, JJ., concurred. Paras, C.J., concurred in the result.
- Dissenting opinion by Reyes, J.; Padilla and Reyes, A., JJ., concur in the dissent.
Facts
- Dante Capuno, son of Delfin Capuno, committed an act of reckless imprudence resulting in the deaths of Isidoro Caperina and Amado Ticzon on March 31, 1949.
- The criminal prosecution for double homicide was filed in the Court of First Instance of Laguna (Criminal Case No. 15001).
- During the criminal trial, Sabina Exconde, as mother of deceased Isidoro Caperina, expressly reserved her right to bring a separate civil action for damages against the accused.
- Dante Capuno was fifteen (15) years old at the time he committed the act.
- Dante was a member of the Boy Scouts Organization and a student of Balintawak Elementary School, located in a barrio in the City of San Pablo.
- On March 31, 1949, Dante, upon instruction of the city school’s supervisor, attended a parade in honor of Dr. Jose Rizal in the City of San Pablo as part of extra-curricular activity.
- From the school, Dante and other students boarded a jeep. When the jeep started to run, Dante took hold of the wheel and drove while the driver sat on his left side.
- Shortly thereafter the jeep turned turtle (overturned), resulting in the deaths of two passengers, Amado Ticzon and Isidoro Caperina.
- As a consequence of the criminal trial, Dante Capuno was found guilty of the crime charged; the Court of Appeals affirmed this conviction on appeal.
Procedural History (Civil Action)
- Pursuant to her reservation of rights, Sabina Exconde filed a separate civil action against both Delfin Capuno (father) and Dante Capuno (son) claiming aggregate damages of P2,959.00 for the death of her son Isidoro Caperina.
- Defendants asserted that, if any one should be held liable, it should be Dante Capuno alone and not his father Delfin, on the ground that at the time of the accident Dante was not under the control, supervision, and custody of his father.
- The lower court accepted defendants’ defense and relieved the father Delfin Capuno from liability, condemning only Dante to pay the damages claimed.
- Plaintiff (Sabina Exconde) appealed that judgment to the Supreme Court.
Legal Issue Presented
- Whether defendant Delfin Capuno can be held civilly liable, jointly and severally with his son Dante, for damages resulting from the death of Isidoro Caperina caused by the negligent act of minor Dante Capuno.
Controlling Statute Quoted (Article 1903, Spanish Civil Code)
- The case is governed by Article 1903 of the Spanish Civil Code, paragraphs 1 and 5, as quoted in the source:
- "Art. 1903. The obligation imposed by the next preceding articles is enforceable not only for personal acts and omissions, but also for those of persons for whom another is responsible. The father, and, in case of his death or incapacity, the mother, are liable for any damages caused by the minor children who live with them. * * * * * * * * Finally, teachers or directors of arts and trades are liable for any damages caused by their pupils or apprentices while they are under their custody."
Plaintiff’s Contentions
- Plaintiff contends that Delfin Capuno is liable jointly and severally with his son Dante because:
- Dante was a minor at the time of the negligent act.
- Dante was living with his father.
- These undisputed facts invoke Article 1903 which imposes civil liability on the father for damages caused by minor children who live with them.
- Plaintiff asserts the lower court erred in absolving the father of liability.
Defendants’ Contentions
- Defendants argued that if any liability exists, it rests solely on Dante and not on his fathe