Tamargo vs. CA| CA| Feliciano G.R. No. 85044, June 3, 1992| 1992 | FACTS • On 20 October 1982, Adelberto Bundoc, 10 yrs old, shot Jennifer Taar!o "ith an air rifle causin! in#uries "hich resulted in her death$ • A ci%il co&laint co&laint for daa!es daa!es "as filed filed by &etitioner &etitioner 'acario 'acario Taar!o, Jennifer(s ado&tin! &arent, and &etitioner s&ouses )elso and Aurelia Taar!o, Jennifer(s natura naturall &arent &arents s a!ain a!ainst st res&on res&onden dentt s&ouse s&ouses s *icto *ictorr and )lara )lara Bundoc, Adelberto(s natural &arents "ith "ho he "as li%in! at the tie of the tra!ic incident$ • +n addition to this case for daa!es, a criinal inforation for oicide throu!h -ec.less +&rudence "as filed a!ainst Adelberto Bundoc$ Adelberto, ho"e%er, "as ac/uitted and ee&ted fro criinal liability on the !round that he bad acted "ithout discernent$ • rior to the incident, or on 10 eceber 1981, the s&ouses 3abas and Felisa -a&isura had filed a &etition to ado&t the inor Adelberto Bundoc in 3&ecial roceedin!s 4o$ 05657T before the then )ourt of First +nstance of +locos 3ur$ This &etiti &etition on for ado&tion ado&tion "as !rante !ranted d on, 18 4o%eb 4o%eber er 1982, 1982, after Adelberto had shot shot and .illed Jennifer$ • +n their Ans"er, res&ondent s&ouses Bundoc, Adelberto(s natural &arents, recitin! the result of the fore!oin! &etition for ado&tion, claied that not they, but rather the ado&ti ado&tin! n! &arent &arents, s, naely naely the s&ouse s&ouses s 3abas 3abas and Felisa Felisa -a&isura, "ere
indis&ens indis&ensable able &arties to the action action since since &arental &arental authority authority had shifted to the ado&ti ado&tin! n! &arent &arents s fro fro the oent oent the succe successf ssful ul &etiti &etition on for ado&tion "as filed$ • etitioner etitioners s contended contended that since since Adelber Adelberto to Bundoc Bundoc "as then actually li%in! "ith his natura naturall &arent &arents, s, &arent &arental al author authority ity had not ceased ceased nor been been relin/uished by the ere filin! and !rantin! of a &etition for ado&tion$ • The trial trial court court on 5 eceb eceber er 1986 1986 disis disissed sed &etiti &etitione oners( rs( co&laint, rulin! that res& res&on onde dent nt natu natura rall &are &arent nts s of Adel Adelbe bert rto o inde indeed ed "ere "ere not not indis&ensable &arties to the action$ ISS!S " ARG#!NTS$ • %&N '(e e))e*'s o) a+o'-on, -nso)ar as aren'a au'(or-'/ -s *on*erne+ ma/ e g-ven re'roa*'-ve e))e*' so as 'o mae '(e a+o'-ng aren's '(e -n+-s -n+-sens ensa ae e ar'-e ar'-es s -n a +amage +amage *ase *ase )-e+ )-e+ aga-ns aga-ns'' '(e-r '(e-r a+o'e+ *(-+, )or a*'s *omm-''e+ *omm-''e+ / '(e a''er, (en a*'ua *us'o+/ as /e' o+ge+ -'( '(e -oog-*a aren's. 6ING " RATI 6!CI6!N6I N. T(e -oog-*a aren's are '(e -n+-sensae ar'-es. • +t is not dis&uted that Adelberto Bundoc(s %oluntary act of shootin! Jennifer Taar!o Taar!o "ith an air rifle !a%e rise to a cause cause of action action on quasidelict a!ainst hi$ And conse/uently, conse/uently, the la" i&oses ci%il liability u&on the father and, in case of his death or inca&acity, the other, for any daa!es that ay be caused by a minor child "ho li%es "ith the$ Article 2180 of the )i%il )ode reads
The obli!ation i&osed by article 216 is deandable not only for one(s o"n acts or oissions, but also for those of &ersons for "ho one is res&onsible$ The father and, in case of his death or inca&acity, the other, are res&onsible for the daa!es caused by the minor children who live in their company. The res&onsibility treated of in this Article shall cease "hen the &erson herein entioned &ro%e that they obser%ed all the dili!ence of a !ood father of a faily to &re%ent daa!e$ :;&hasis su&&lied< • This &rinci&le of &arental liability is a s&ecies of "hat is fre/uently desi!nated as %icarious liability, or the doctrine of =i&uted ne!li!ence= under An!lo7Aerican tort la", "here a &erson is not only liable for torts coitted by hiself, but also for torts coitted by others "ith "ho he has a certain relationshi& and for "ho he is res&onsible$ Thus, &arental liability is ade a natural or lo!ical conse/uence of the duties and res&onsibilities of &arents > their &arental authority > "hich includes the instructin!, controllin! and disci&linin! of the child$ • The ci%il liability i&osed u&on &arents for the torts of their inor children li%in! "ith the, ay be seen to be based u&on the &arental authority %ested by the )i%il )ode u&on such &arents$ The ci%il la" assues that "hen an uneanci&ated child
li%in! "ith its &arents coits tortious acts, the &arents "ere ne!li!ent in the &erforance of their le!al and natural duty closely to su&er%ise the child "ho is in their custody and control$ arental liability is, in other "ords, anchored u&on &arental authority cou&led "ith &resued &arental dereliction in the dischar!e of the duties acco&anyin! such authority$ The &arental dereliction is, of course, only &resued and the &resu&tion can be o%ertuned under Article 2180 of the )i%il )ode by &roof that the &arents had eercised all the dili!ence of a !ood father of a faily to &re%ent the daa!e$ • +n the instant case, the shootin! of Jennifer by Adelberto "ith an air rifle occured "hen &arental authority "as still lod!ed in res&ondent Bundoc s&ouses, the natural &arents of the inor Adelberto$ +t "ould thus follo" that the natural &arents "ho had then actual custody of the inor Adelberto, are the indis&ensable &arties to the suit for daa!es$ • 3&ouses Bundoc in%o.es Article 5 of the )hild and ?outh @elfare )ode "hich states that the decree of ado&tion shall be effecti%e on the date the ori!inal &etition "as filed$ • )ourt is not &ersuaded$ As earlier noted, under the )i%il )ode, the basis of &arental liability for the torts of a inor child is the relationshi& eistin! bet"een the &arents and the inor child li%in! "ith the and o%er "ho, the la" &resues, the &arents eercise su&er%ision and control$ Article 8 of the )hild and ?outh @elfare )ode,
re7enacted this rule
by the child under their &arental authority in accordance with the civil Code.
Article 8 Torts > arents and !uardians are res&onsible for the daa!e caused