Crescenio and Amelia Libi v.

IAC, Felipe & Shirley Gotiong

GR No. 70890
Sepr 18, 1992

Regalado, J.:

FACTS:
Wendell Libi (Wendell) , son of petitioners, and Julie Ann Gotiong (Julie Ann), the daughter of
private respondent spouses, were sweethearts until Julie broke up with Wendell upon finding out of his
sadistic and irresponsible character.

Wendell tried hard to reconcile with Julie Ann but when the latter refused, Wendell started
making threats. On that fateful day of January 14, 1978, Julie Ann and Wendell died from a single gunshot
wound each coming from the same Smith and Wesson revolver licensed in the name of petitioner
Cresencio Libi (Cresencio).

There being no eyewitnesses to the crime, petitioners and private respondents herein advanced
conflicting versions of the case. Private respondents claimed that with the use of the same gun, Wendell
took his own life after killing Julie Ann. On the other hand, the petitioners argued that an unknown third
party, whom Wendell may have displeased by reason of his work as a narcotic informant, must have
caused the death of Wendell and Julie Ann.

As a result of the death of Julie Ann, private respondents filed an action to recover damages arising
from the vicarious liability of the parents of Wendell (petitioners herein) under Article 2180 of the New
Civil Code. After trial, the case was dismissed for insufficiency of evidence. Likewise, the counterclaim filed
by the petitioners was dismissed for lack of merit.

On appeal lodged by private respondents, the respondent court set aside the dismissal of the case
and held petitioners liable under Art. 2180 of the NCC. Hence this case. Herein petitioners seek for the
reversal of judgment of requiring them to pay P30,000.00 for moral damages, P10,000.00 for exemplary
damages, P20,000.00 as attorney's fees and costs.

ISSUE:
Are petitioners liable for vicarious liability under Art 2180 of the NCC?

HELD:
The Libi spouses are and should be held primarily liable for the civil liability arising from criminal
offenses committed by their minor son under their legal authority or control, and who lives in their
company.

Petitioners Libi failed to prove that they had exercised due diligence of a good father of a family
over their son Wendell as shown by the fact that it was only when Wendell died that petitioners came to
know that their son Wendell was a Constabulary Anti-Narcotics Unit (CANU) agent and that the gun of
petitioner Cresencio Bili was missing from their safety deposit box. Petitioners are indeed liable under Art.
2180 of the NCC because it is still the duty of the parents to know the activity of their children and, in this
case, had the petitioners been diligent in supervising the activities of Wendell and in keeping said gun
from his reach, the death of Julie and Wendell could have been prevented.
 Petitioners are indeed liable under Art. 2180 of the NCC because it is still the duty of the parents
to know the activity of their children and, in this case, had the petitioners been diligent in supervising the
activities of Wendell and in keeping said gun from his reach, the death of Julie and Wendell could have
been prevented. The liability of the parents for damages caused by their children imposed under Article
2180 of the New Civil Code covers obligation arising from both quasi delict and criminal offenses.

ACCORDINGLY, the instant petition is DENIED and the assailed judgment of respondent Court of
Appeals is hereby AFFIRMED with costs against petitioners.

NOTE:
Under said Article 2180, the enforcement of such liability shall be effected against the father and,
in case of his death or incapacity, the mother. This was amplified by the Child and Youth Welfare Code
which provides that the same shall devolve upon the father and, in case of his death or incapacity, upon
the mother or, in case of her death or incapacity, upon the guardian, but the liability may also be
voluntarily assumed by a relative or family friend of the youthful offender. However, under the Family
Code, this civil liability is now, without such alternative qualification, the responsibility of the parents and
those who exercise parental authority over the minor offender. For civil liability arising from quasi-delicts
committed by minors, the same rules shall apply in accordance with Articles 2180 and 2182 of the Civil
Code, as so modified

There was an investigation done during the trial proceedings where a certain Dr. Jesus Cerna
(Cerna), however the expert witness told that he cannot determine whether it was suicide or otherwise,
as he inspected the body 8 hours after it was brought to the funeral parlor. He however contends that the
shot came from an arms length away.

The parents of Wendell contend that there was a shadow who jumped off the house and ran
away, however they neither presented any evidence or any suspects as to who such person can be.