WEEK 11 Flashcards
(22 cards)
The 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.
The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company.
Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company.
The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions.
Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.
The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody.
The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage.
ARTICLE 2180 OF THE CIVIL CODE
A person is made liable not only for torts committed by himself but also for torts committed by others with whom he has a certain relationship and for whom he is responsible, subject to certain conditions.
PRINCIPLE OF VICARIOUS OR IMPUTED LIABILITY
Principle of Pater Familias.
“The reason for the master’s liability is negligence in the supervision of his subordinates.”
BASIS OF VICARIOUS LIBAILITY
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.
Their relationship may either be a parent and child; guardian and ward; employer and employee; school and student.
PERSONS/PARTIES LIABLE VICARIOUSLY
Minors under paragraph 2 and 3 refers to those who are below 21 years old, and NOT those below 18 years old.
MINORS UNDER ARTICLE 2180
Is the actual tortfeasor exempt from liability?
NO.
The minor, ward, employee, special agent, pupil, students, and apprentices who actually committed the delictual acts are NOT EXEMPTED by the law from personal responsibility.
They may be sued and made liable alone as when the person responsible for them or vicarious obligor proves that he exercised the diligence of a good father of a family, OR when the minor or insane has no parents or guardians.
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 in proportion to their means.”
On the other hand, it gives them the rights to correct and punish them in moderation.
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.
REASON FOR THE VICARIOUS LIABILITY OF THE PARENTS
When is the mother liable?
The mother may only be liable in case of death or incapacity of the father.
This is despite the fact that they exercise joint parental authority over their minor children.
Effect of the absence of the father
NOT MENTIONED IN THE LAW
Absence and incapacity are not the same.
Incapacity may include insanity, imbecility, or serious sickness but NOT ABSENCE.
If the father is absent, the mother who is present and with whom the minor children live with will be the one vicariously liable.
Requisites to hold parents liable vicariously [3]
To sustain the liability of the father or the mother in proper cases, it is necessary that:
(1) The child is below 21 years of age;
(2) The child committed a tortious act to the damage and prejudice of another person; and
(3) The child lives in the company of the parent concerned whether single or married.
Are de facto guardians covered by paragraph 3 of Article 2180?
If the children commit tortious acts while living with them and are below 21 years of age, the law should be applied by analogy.
This is to compel them to exercise control and supervision over the orphans over whom they voluntarily assumed the duties of parenthood.
Relatives and neighbors who take unto themselves the duty to care and support orphaned children without passing through judicial proceedings.
DE FACTO GUARDIANS
The school, its administrators and teachers, or the individual, entity or institution engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.
ARTICLE 218 OF THE FAMILY CODE
The vested authority given to individuals and institutions such as schools, administrators, teachers, and individuals/entities involved in providing care to children.
SPECIAL PARENTAL AUTHORITY (SPA)
Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances.
All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts.
ARTICLE 219 OF THE FAMILY CODE
They are legally responsible for compensating for harm or losses caused by their minor children who live under their care.
PRINCIPAL LIABILITY FOR DAMAGES
It is only when the principal obligor is insolvent, that the other is made liable.
SUBSIDIARY LIABILITY
Parents and other persons exercising authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law.
ARTICLE 221 OF THE FAMILY CODE
Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life.
ARTICLE 236 OF THE FAMILY CODE
Article 221 does NOT apply to emancipated children because they are already qualified and responsible for all acts of civil life subject to certain exceptions.
Applies only to unemancipated children living in the company and under the parental authority of their parents of other persons exercising parental authority over them.
Liability of parents for quasi-delicts and felonies committed by their minor children is direct and primary and NOT SUBSIDIARY.
Potential adopters are NOT LIABLE for the tortious acts of the child until they shall have actual custody over the said child.
Civil Liability for Injuries and Damages Caused by Unemancipated Children
Applies to unemancipated minors, that is, children below 18 years of age.
ARTICLE 221
Applies to both minors and children between 18 and below 21 years of age.
ARTICLE 236
