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CASE DIGEST: PEDRO ELCANO AND PATRICIA ELCANO VS.REGINALD HILL AND
MARVIN HILL
Published by geline on June 27, 2013 | Leave a response

PEDRO ELCANO and PATRICIA ELCANO, in their capacity as Ascendants of

AgapitoElcano, deceased,plaintiffs-appellants,

vs.

REGINALD HILL, minor, and MARVIN HILL, as father and Natural Guardian of said
minor, defendants-appellees.

G.R. No. L-24803 [May 26, 1977]

Facts of the Case:

Respondent Reginald Hill killed the son of the plaintiffs named Agapito Elcano. A
criminal complaint was instituted against him but he was acquitted on the ground
that his act was not criminal, because of lack of intent to kill, couple with mistake.
Subsequently, plaintiffs filed a complaint for recovery of damages against defendant
Reginald Hill, a minor, married at the time of the occurrence, and his father, the
defendant Marvin Hill, with who he was living and getting subsistence, for the same
killing. A motion to dismiss was filed by the defendants. The Court of First Instance of
Quezon City denied the motion. Nevertheless, the civil case was finally dismissed
upon motion for reconsideration.

Issues:

1. WON the present civil action for damages is barred by the acquittal of Reginald in
the criminal case.

2. WON Article 2180 (2nd and last paragraphs) of the Civil Code may be applied
against Atty. Hill, notwithstanding the undisputed fact that at the time of the
occurrence complained of. Reginald, though a minor, living with and getting
subsistence from his father, was already legally married.
Ruling of the Court:

1. No, the present civil action for damages is not barred by the acquittal of Reginald
in the criminal case. Firstly, there is a distinction as regards the proof required in a
criminal case and a civil case. 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. Furthermore, a civil
case for damages on the basis of quasi-delict does is independently instituted from a
criminal act. As such the acquittal of Reginald 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, the above mentioned provision may still be applied against Atty Marvin Hill.
Although parental authority is terminated upon emancipation of the child,
emancipation by marriage is not absolute, i.e. he can sue and be sued in court only
with the assistance of his father, mother or guardian. As in the present case, killing
someone else contemplated judicial litigation, thus, making Article 2180 apply to Atty.
Hill.However, inasmuch as it is evident that Reginald is now of age, as a matter of
equity, the liability of Atty. Hill has become milling, subsidiary to that of his son.

Amendment Ascendant

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