Elcano vs. Hill Facts: Reginald Hill, son of Atty.

Marvin Hill who was a minor but emancipated through marriage, killed Agapito Elcano. However, in a criminal case filed against him, he was acquitted because of absence of intent to kill and his offense was that coupled with mistake. The family of Elcano now filed claim for damages but, upon motion of defendants, such was dismissed by the Court of First Instance of Quezon City on the basis that Reginald was acquitted of the criminal charge and that they have no cause of action against his father as he was already emancipated by his marriage. Issue: Whether or not petitioners have a right of action against defendants in that Reginald was acquitted of the criminal case and was already emancipated by marriage. Ruling: The Court held that despite Reginalds acquittal, petitioners shall not be barred from instituting recovery for damages as under Article 2177 of the Civil Code. The nature of the offense is that of culpa aquiliana where it involved negligence of the defendant and wherein there was no preexisting contractual relation between them. The civil action was separate and independent from the criminal case. Also, petitioners have action against his father as Article 2180 states that those responsible for the persons who committed an offense which was a quasi-delict shall also be liable. His marriage does not emancipate him from entering into transaction which gives rise to judicial litigation and so his father is subsidiary liable. The Court reversed the appealed decision and ordered the trial court to proceed according to its opinion.