SABINA EXCONDE vs.
DELFIN CAPUNO and DANTE CAPUNO
G.R. No. L-10134 June 29, 1957
FACTS:
Dante Capuno, son of Delfin Capuno, was accused of double homicide through reckless
imprudence for the death of Isidoro Caperina and Amado Ticzon. During the trial,
Sabina Exconde, as mother of the deceased Isidoro Caperina, reserved her right to
bring a separate civil action for damages against the Dante. After trial, Dante was found
guilty of the crime charged and, on appeal, the Court Appeals affirmed the decision.
Dante Capuno was only (15) years old when he committed the crime.
In line with her reservation, Sabina Exconde filed the present action against Delfin
Capuno and his son Dante Capuno asking for damages in the aggregate amount of
P2,959.00 for the death of her son Isidoro Caperiña. The Capuno’s set up the defense
that if any one should be held liable for the death of Isidoro Caperina, he is Dante
Capuno and not his father Delfin because at the time of the accident, the former was not
under the control, supervision and custody, of the latter. This defense was sustained by
the lower court and, as a consequence it only convicted Dante Capuno to pay the
damages claimed in the complaint.
Dante was a member of the Boy Scouts Organization and a student of the Bilintawak
Elementary School situated in a barrio in the City of San Pablo and on March 31, 1949
he attended a parade in honor of Dr. Jose Rizal in said city upon instruction of the city
school's supervisor. From the school Dante, with other students, boarded a jeep and
when the same started to run, he took hold of the wheel and drove it while the driver sat
on his left side. They have not gone far when the jeep turned turtle and two of its
passengers, Amado Ticzon and Isidore Caperiña, died as a consequence. It further
appears that Delfin Capuno, father of Dante, was not with his son at the time of the
accident, nor did he know that his son was going to attend a parade. He only came to
know it when his son told him after the accident that he attended the parade upon
instruction of his teacher.
ISSUE:
Whether defendant Delfin Capuno can be held civilly liable, jointly and severally with his
son Dante, for damages resulting from the death of Isidoro Caperiña caused by the
negligent act of minor Dante Capuno.
DECISION:
Yes.
The case comes under Article 1903 of the Spanish Civil Code, paragraph 1 and 5,
which provides:
ART. 1903. The obligation impossed 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.
xxx xxx xxx
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.
Sabina contends that defendant Delfin Capuno is liable for the damages in question
jointly and severally with his son Dante because at the time the latter committed the
negligent act which resulted in the death of the victim, he was a minor and was then
living with his father, and inasmuch as these facts are not disputed, the civil liability of
the father is evident. And so, plaintiff contends, the lower court erred in relieving the
father from liability.
It is true that under the law above quoted, "teachers or directors of arts and trades are
liable for any damages caused by their pupils or apprentices while they are under their
custody", but this provision only applies to an institution of arts and trades and not to
any academic educational institution (Padilla, Civil Law, 1953, Ed., Vol. IV, p. 841; See
12 Manresa, 4th Ed., p. 557).
Dante Capuno was then a student of the Balintawak Elementary School and as part of
his extra-curricular activity, he attended the parade in honor of Dr. Jose Rizal upon
instruction of the city school's supervisor. And it was in connection with that parade that
Dante boarded a jeep with some companions and while driving it, the accident occurred.
In the circumstances, it is clear that neither the head of that school, nor the city school's
supervisor, could be held liable for the negligent act of Dante because he was not then
a student of an institute of arts and trades as provided by law.
The civil liability which the law impose upon the father, and, in case of his death or
incapacity, the mother, for any damages that may be caused by the minor children who
live with them, is obvious. This is necessary consequence of the parental authority they
exercise over them which imposes upon the parents the "duty of supporting them,
keeping them in their company, educating them and instructing them in proportion to
their means", while, on the other hand, gives them the "right to correct and punish them
in moderation" (Articles 154 and 155, Spanish Civil Code). The only way by which they
can relieve themselves of this liability is if they prove that they exercised all the diligence
of a good father of a family to prevent the damage (Article 1903, last paragraph,
Spanish Civil Code). This defendants failed to prove.
