PEDRO ELCANO v. REGINALD HILL, GR No.

L-24803, 1977-05-26

Reginal Hill was married and a minor who was then still living in care of his father, Atty.
Marvin Hill.  Reginald Hill was prosecuted criminally for killing Agapito Elcano. Reginald
was acquitted on the ground that his acts were not criminal because of “lack of intent to
kill, coupled with mistakes. The father of Agapito Elcano then filed a civil action against
Reginald and his father (Marvin Hill) for damages based on Article 2180 of the Civil
Code. Hill argued that the civil action is barred by his son’s acquittal in the criminal
case; and that if ever, his civil liability as a parent has been extinguished by the fact that
his son is already an emancipated minor by reason of his marriage.

ISSUE:

Whether or not Atty. Marvin Hill has a vicarious liability being the father of a minor child
who committed a tort?

HELD:

The law clearly stated that parental authority is terminated upon emancipation of the
child according to Title X of Family Code; Emancipation and Age of Majority,
emancipation takes place by marriage of the minor. However, such emancipation is not
absolute and full. Reginald although married, was living with his father and still
dependent from the latter. ART 2180 applies to Atty. Marvin Hill notwithstanding the
emancipation by marriage of Reginald. Therefore, Article 2180 is applicable to Marvin
Hill – the SC however ruled since at the time of the decision, Reginald is already of age,
Marvin’s liability should be subsidiary only – as a matter of equity.