CARAVAN TRAVEL AND TOURS INTERNATIONAL INC.

, vs ERMILINDA ABEJAR

LEONEN, J.:

FACTS

JESMARIANE REYES was hit by a van and died due to the negligence of Bautista, a driver employee
of CARAVAN INTERNATIONAL.

Respondent Abejar, Reyes’ paternal aunt and who raised her since she was nine, filed a complaint
before the RTC for damages against Bautista and CARAVAN. In her complaint, respondent alleged that she
exercise substitute parental authority over Reyes and her death caused her damages.

On trial, RTC found Bautista negligent and awarded damages in favor Abejar.

CARAVAN moved for reconsideration but was denied. On appeal, the appellate court affirmed the
decision of the lower court. Filed a motion for reconsideration but was denied, hence, this petition.

CARAVAN argues that Abejar has no personality to bring this suit because she is not a real party
in interest, for she does not exercise substitute or legal parental authority. She is also not the judicially
appointed guardian of the deceased. Abejar should not have been awarded moral damages as she is not
entitled thereto in accordance with Article 2206 of the civil code. Further, Only the victim herself of her
heirs can enforce an action based on quasi delict such as Abejar’s action for damages.

ISSUE

WON Abejar having exercises substitute parental authority over Reyes is a real party in interest who may
bring this suit.

WON Abejar is entitled to damages

RULING

The court denied the petition and ruled that Abejar having exercised substitute parental
authority, suffered actual lost and is, thus, a real party in interest. Respondents capacity to file a complaint
arose from her having exercise substitute parental authority. Article 216 of the Family Code provides in
part that in default of parents of judicially appointed guardian, “the child actual custodian, over 18 years
of age shall exercise substitute parental authority.” As Reyes custodian, respondent exercised the full
extent of the statutorily recognized rights and duties of parents.

On the second issue, the court anchor its ruling under Article 2206 of the Civil Code, which
provides that spouse, legitimate, illegitimate descendants and ascendants of the deceased may demand
moral damages for mental anguish by reason of the death of the deceased. For death caused by quasi
delict, the recovery of moral damages is limited to the aforementioned relatives. But, persons exercising
substitute parental authority are to be considered as ascendants for the purpose of awarding moral
damages. Hence, Abejar is entited to moral damages.

Petition Denied