preceding article is entirely separate and distinct from the civil
Torts and Damages Case Digest: Pedro Elcano, et al., v.
Reginal Hill et al. (1977)
L-24803 May 26, 1977
Laws Applicable: ART. 2177,Article 397,article 1093,Article 2180 of the
Civil Code
Lessons Applicable: Quasi-delict (Tort and Damages)
FACTS:
Reginald Hill, a minor, married but living with his father, Atty.
Marvin Hill with whom he was living and getting subsistence killed
Agapito Elcano
CFI Civil Case: dismissed on the ground that he was acquitted
on the ground that his act was not criminal, because of "lack of
intent to kill, coupled with mistake
Spouses Elcano appealed
ISSUES:
W/N the civil action should be barred by the acquittal of
criminal action - NO
W/N the Civil Code can be applied to Atty. Marvin Hill even
though Reginald is already married -YES
HELD: order appealed from is reversed
1. NO.
separate individuality of a culpa aquiliana, under the Civil Code
has been fully and clearly recognized, even with regard to a
negligent act for which the wrongdoer could have been prosecuted
and convicted in a criminal case and for which, after such a
conviction, he could have been sued for this civil liability arising
from his crime.
If we were to hold that articles 1902 to 1910 of the Civil Code
refer only to fault or negligence not punished by law, accordingly
to the literal import of article 1093 of the Civil Code, the legal
institution of culpa aquiliana would have very little scope and
application in actual life
to find the accused guilty in a criminal case, proof of guilt
beyond reasonable doubt is required, while in a civil case,
preponderance of evidence is sufficient to make the defendant pay
in damages. . Otherwise. there would be many instances of
unvindicated civil wrongs. "Ubi jus Idemnified remedium."
ART. 2177. Responsibility for fault or negligence under the
liability arising from negligence under the Penal Code. But the
plaintiff cannot recover damages twice for the same act or
omission of the defendant.
in reiteration of Garcia, that culpa aquiliana includes voluntary
and negligent acts which may be punishable by law
It results, therefore, that the acquittal of Reginal Hill in the
criminal case has not extinguished his liability for quasi-delict,
hence that acquittal is not a bar to the instant action against him.
2. YES
While it is true that parental authority is terminated upon
emancipation of the child (Article 327, Civil Code), and under Article
397, emancipation takes place "by the marriage of the minor (child)",
it is, however, also clear that pursuant to Article 399, emancipation by
marriage of the minor is not really full or absolute. Thus
"(E)mancipation by marriage or by voluntary concession shall
terminate parental authority over the child's person. It shall enable the
minor to administer his property as though he were of age, but he
cannot borrow money or alienate or encumber real property without
the consent of his father or mother, or guardian. He can sue and be
sued in court only with the assistance of his father, mother or
guardian."
Article 2180, "(T)he obligation imposed by article 2176 is
demandable not only for one's own acts or omissions, but also for
those of persons for whom one is responsible (SUCH AS PARENTS,
GUARDIANS, TEAHERS, OWNERS, EMPLOYERS)
the marriage of a minor child does not relieve the parents of
the duty to see to it that the child, while still a minor, does not give
answerable for the borrowings of money and alienation or
encumbering of real property which cannot be done by their minor
married child without their consent
Reginald is now of age, as a matter of equity, the liability of
Atty. Hill has become milling, subsidiary to that of his son.
Elcano vs. Hill
Facts: Reginald Hill was prosecuted criminally for killing Agapito
Elcano. At the time of the occurrence, Reginald Hill is still a minor and
is already legally married. Reginald is still living and gets subsistence
with his father, Marvin Hill. Reginald was acquitted on the ground that
his acts were not criminal because of lack of intent to kill, coupled
with mistakes.
Issues:
(1) Whether or not the present civil action for damages is already
barred by the acquittal of Reginald.
(2) Whether or not Atty. Marvin Hill has a vicarious liability being the
father of a minor child who committed a delict.
Held: No. The acquittal of Reginald Hill in the criminal case has not
extinguished his liability for quasi-delicts, hence the acquittal is not a
bar to the instant action against him. To find the accused guilty in a
criminal case, proof beyond reasonable doubt is required unlike in civil
cases, preponderance of evidence is sufficient. The concept of culpa
acquiliana includes acts which are criminal in character or in violation
of the penal law, whether voluntary or negligent. Also, Art 2177 CC
provides that Responsibility for fault or negligence is separate and
distinct from the civil liability arising from negligence under the Penal
Code. However, plaintiff cannot recover damages twice for the same
act or omission.
While it is true that parental authority is terminated upon
emancipation of the child (ART 327CC), and under Art 397,
emancipation takes place by marriage of the minor, such
emancipation is not absolute and full. Reginald although married, was
living with his father and still dependent from the latter. ART 2180
applies to Atty. Marvin Hill notwithstanding the emancipation by
marriage of Reginald.
ELCANO VS HILL GRN L-24803
FACTS:
Reginald Hill accidentally killed the son of Elcano.He was acquitted
from the criminal case due to the efense of minority.Elcano filed a civil
case alleging damages against Reginald andhis father from whom the
latter was receiving subsistence. Hills moved to dismiss the case on
the ground that case was barred by res adjudicata and that the father
was relieved from guardianship of the defendant through
emancipation by marriage.The case was dismissed thus this appeal.
ISSUE:
Whether or not the civil action for damages is barred by the acquittal
of Reginald in the criminal case.
RULING:
Criminal negligence is in violation of the criminal law while civil
negligence is a culpa aquiliana or quasi-delict, of ancient origin,
having always had its own foundation and individuality, separate from
criminal negligence.Culpa aquiliana includes voluntary and negligent
acts which may be punishable by law.It results that the acquittal of
Reginald in the criminal case has not extinguished his liability for
quasi-delict, hence the acquittal is not a bar to the instant action
against him.
Art. 2177.Responsibility for fault or negligence under the preceding
article is entirely separate and distinct from the civil liability arising
from negligence under the Penal Code.But the plaintiff cannot recover
twice for the same act or omission of the defendant.
Likewise, emancipation does not carry with it freedom to enter into
transactions or do any act that can give rise to judicial litigation.And
surely, killing someone else invites judicial action.
Elcano vs Hill 77 SCRA 100 May 26, 1977 Torts and Damages
Civil Liability from Quasi Delicts vs Civil Liability from Crimes
Reginald Hill, a minor, caused the death of Agapito (son of Elcano).
Elcano filed a criminal case against Reginald but Reginald was
acquitted for lack of intent coupled with mistake. Elcano then filed a
civil action against Reginald and his dad (Marvin Hill) for damages
based on Article 2180 of the Civil Code. Hill argued that the civil action
is barred by his sons acquittal in the criminal case; and that if ever,
his civil liability as a parent has been extinguished by the fact that his
son is already an emancipated minor by reason of his marriage.
ISSUE:Whether or not Marvin Hill may be held civilly liable under
Article 2180.
HELD:Yes. The acquittal of Reginald in the criminal case does not bar
the filing of a separate civil action. A separate civil action lies against
the offender in a criminal act, whether or not he is criminally
prosecuted and found guilty or acquitted, provided that the offended
party is not allowed, if accused is actually charged also criminally, to
recover damages on both scores, and would be entitled in such
eventuality only to the bigger award of the two, assuming the awards
made in the two cases vary. In other words, the extinction of civil
liability referred to in Par. (e) of Section 3, Rule 111, refers exclusively
to civil liability founded on Article 100 of the Revised Penal Code,
whereas the civil liability for the same act considered as a quasi-delict
only and not as a crime is not extinguished even by a declaration in
the criminal case that the criminal act charged has not happened or
has not been committed by the accused. Briefly stated, culpa
aquilianaincludes voluntary and negligent acts which may be
punishable by law.

While it is true that parental authority is terminated upon

emancipation of the child (Article 327, Civil Code), and under Article
397, emancipation takes place by the marriage of the minor child, it
is, however, also clear that pursuant to Article 399, emancipation by
marriage of the minor is not really full or absolute. Thus
Emancipation by marriage or by voluntary concession shall terminate
parental authority over the childs person. It shall enable the minor to
administer his property as though he were of age, but he cannot
borrow money or alienate or encumber real property without the
consent of his father or mother, or guardian. He can sue and be sued
in court only with the assistance of his father, mother or guardian.
Therefore, Article 2180 is applicable to Marvin Hill the SC however
ruled since at the time of the decision, Reginald is already of age,
Marvins liability should be subsidiary only as a matter of equity.