Macario Tamargo vs.

Court of Appeals

(Gr no. 85044)

Facts:
Adelberto Bundoc, a 10 year old boy, shot Jennifer Tamargo with an air riffle that caused her
death. The parents of Jennifer filed a case for damages against Adelbertos parents. Adelbertos
parents denied liability because Aldelberto, who was petitioned for adoption before the incident, was
now adopted by sps Rapisura and that parental authority has shifted to them by the time the petition
for adoption was filed. The Tamargos contend that the Bundocs are indispensable parties to the action
for damages cause by the act of their minor child for he was living with them then.
Issue:
Whether or not the effects of adoption, in so far as parental authority is concerned may be
given retroactive effect to make the adopting parents liable for damages caused by their adopted
child.
Ruling:
The SC held that the parental authority cannot be given retroactive effect because it would be
unfair and unconscionable on the part of the adopting parents. The parents of Adelberto should be held
responsible for his act because of the principle of parental liability under vicarious liability or the
doctrine of imputed negligence. There is a presumption of negligence on the part of the
parents in the performance of their legal and natural duty to closely supervise their child
who is under their custody and control. In this case, Adelberto, during the accident was then
living with his natural parents.