8/18/2019 Digest Libi

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FACTS:

Wendell Libi shot his lover Julie Ann Giotong, both minors, before he turned the rearm on

himself. As a result, the parents of Julie Ann led against Wendell's parents to recover

damages. The trial court rendered judgment dismissing the complaint for insucienc! of

evidence. "A reversed the decision.

ISSUE:

Whether or not the parents of Wendell Libi liable for vicarious liabilit!.

RULING:

 #es. The subsidiar! liabilit! of parents for damages cause b! their minor children is imposed

b! Article $%& of the (e) "ivil "ode, )hich covers obligations arising from both *uasi+

delicts and criminal oenses. The parents' liabilit! as being primar! and not subsidiar! and

liabilit! shall ceased if the parents can prove that the! observe all the diligence of a good

father to prevent damage.

-n this case, the parents had not eercised due diligence in supervising the activities of their

son. -t )as onl! at the time of Wendell's death that the! allegedl! discovered that he )as

drug informant of "A(/ and that the gun used in the shooting incident )as missing from the

safet! deposit bo. 0aving been grossl! negligent in preventing Wendell from having access

to said gun, the Libis are subsidiar! liable for the natural conse*uence of the criminal act of

said minor )ho )as living in their compan!.

"ategories1 G.2. (o. 3&4, Libi vs -ntermediate Appellate "ourt, 5hilippine "ivil "ode

Libi vs -A"Libi vs. IAC

FACTS:

 Julie Ann Gotiong and Wendell Libi )ere a s)eetheart until the former bro6e up)ith the latter after she found out the Wendell )as irresponsible and sadistic.Wendell )anted reconciliation but )as not granted b! Julie so it prompted him toresort to threats. 7ne da!, there )ere found dead from a single gunshot )oundeach coming from the same gun. The parents of Julie herein privaterespondents led a civil case against the parents of Wendell to recoverdamages. Trial court dismissed the complaint for insucienc! of evidence but

)as set aside b! "A.

ISSUE: W7( the parents should be held liable for such damages.

HELD:

 The subsidiar! liabilit! of parents for damages caused b! their minor childrenimposed under Art $%& of the "ivil "ode and Art. %% of 2evised 5enal "ode

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8/18/2019 Digest Libi

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covered obligations arising from both *uasi+delicts and criminal oenses. Thecourt held that the civil liabilit! of the parents for *uasi+delict of their minorchildren is primar! and not subsidiar! and that responsibilit! shall cease )henthe persons can prove that the! observe all the diligence of a good father of afamil! to prevent damage. 0o)ever, Wendell8s mother testied that herhusband o)ns a gun )hich he 6ept in a safet! deposit bo inside a dra)er intheir bedroom. 9ach of the spouses had their o)n 6e!. :he li6e)ise admittedthat during the incident, the gun )as no longer in the safet! deposit bo.Wendell could not have gotten hold of the gun unless the 6e! )as leftnegligentl! l!ing around and that he has free access of the mother8s bag )herethe 6e! )as 6ept. The spouses failed to observe and eercise the re*uireddiligence of a good father to prevent such damage.