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[SABINA EXCONDE v. DELFIN CAPUNO](https://www.lawyerly.ph/juris/view/c30d7?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR No. L-10134, Jun 29, 1957 ]

SABINA EXCONDE v. DELFIN CAPUNO +

DECISION

101 Phil. 843

[ G. R. No. L-10134, June 29, 1957 ]

SABINA EXCONDE, PLAINTIFF AND APPELLANT, VS. DELFIN CAPUNO AND DANTE CAPUNO, DEFENDANTS AND APPELLEES.

D E C I S I O N

BAUTISTA ANGELO, J.:

Dante Capuno, son  of  Delfin Capuno, was accused of double  homicide  through reckless  imprudence  for the death of Isidoro  Caperina and Amado Ticzon on March 31,  1949 in the Court of First Instance of Laguna (Criminal  Case No. 15001).  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 accused.  After trial,  Dante Capuno was found guilty of the crime charged and, on appeal, the Court of Appeals affirmed  the  decision.  Dante  Capuno was  only fifteen (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 Caperina.   Defendants set up the defense that if any one should be held liable for the  death of  Isidoro Caperifia,  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.  From this decision, plaintiff appeal.

It appears that Dante  Capuno  was a  member of the Boy Scouts Organization and a student of the Balintawak 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 Isidoro Caperiiia, died as a  consequence.   It further appears that  Delfin Capuno, father.

The only issue involved  in this appeal  is whether defendant Delfin Capuno can be  held civilly liable,  jointly and severally with his son Dante, for damages  resulting from the death  of Isidoro Caperifla  caused by  the  negligent  act of  minor Dante  Capuno.

The case comes under  Article  1903  of  the Spanish Civil Code, paragraph 1 and 5,  which provides:
"Art. 1903. The1 obligation imposed by the next preceding1 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.

*       *       *       *       *        *        *         *

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."
Plaintiff 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.

We find merit  in  this  claim.  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 arc 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).  Here  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.

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  a 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.

Wherefore, the decision appealed  from is modified  in the sense that defendants Delfin Capuno  and Dante Capuno shall  pay to plaintiff, jointly and severally, the  sum  of P2,959.00 as damages, and the costs of action.

Bengzon,  Montemayor,  Labrador,  and Endencia,  JJ., concur.
Paras, C. J., concurs in the result.



DISSENTING OPINION


Reyes, J. B. L., J.;

After  mature consideration I believe we should affirm the judgment relieving the father of liability.   I  can see no sound reason for limiting Art.  1903 of the old Civil Code  to  teachers of arts and trades and not to academic ones.   What substantial difference is  there between them in so  far as concerns the proper supervision and vigilance over their pupils?  It cannot be seriously contended that an academic teacher is  exempt  from the duty of  watching that  his pupils do not commit a tort to the detriment of third  persons,  so long as they are  in  a position to exercise  authority and supervision  over  the  pupil.   In  my opinion,  in  the phrase  "teachers  or  heads of  establishments of arts and trades" used in Art. 1903 of the Old Civil Code. the word "arts and trades" does not qualify "teachers" but only head of establishments". The Phrase is only an updated version of the equivalent terms "preceptores y artesanos" used in the Italian and French Codes.

If,  as  conceded  by  all commentators, the basis  of the presumption of negligence of Art. 1903 in  some culpti in vigilando that  the  parents, teachers, etc.  are  supposed to have  incurred  in the exercise of their authority, it would seem  clear that where the parent places  the  child under the effective authority of the teacher,  the  latter, and not the parent, should  be  the one  answerable for the torts committed while under  his  custody, for the very  reason that the  parent is  not supposed  to interfere with the discipline of the  school nor with  the authority and supervision of the teacher while the child is under instruction. And if there is no authority, there can be no responsibility.

In the case  before  us,  there  is  no question that  the pupil, Dante  Capuno, was instructed by the  City  School Supervisor  to  attend the Rizal parade.  His father could not  properly  refuse to  allow the child  to  attend,  in  defiance of the  school authorities.  The father  had  every reason to  assume  that  in  ordering  a minor to attend  a parade with other  children,  the  school  authorities would provide adequate supervision over them.   If a teacher or scout master  was present,  then he should be the  one  responsible for allowing the minor to drive the jeep without being qualified to do so.  On the other hand, if no  teacher or  master  was  at  hand to  watch  over the  pupil, the school authorities are the one answerable for that negligence, and not the father.

At any  rate,  I  submit that the  father  should  not  be held liable for a tort that he was in no way able  to prevent, and which he had every right to assume the school authorities would avoid.  Having proved that he entrusted his child  to the custody of  school authorities  that were competent  to  exercise vigilance over him, the  father has rebutted the presumption of  Art. 1903 and the burden  of proof shifted to the claimant to  show  actual  negligence on the part of the  parent  in order  to  render him liable.

Padilla and Reyes, A., JJ., concur.

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