Salen vs. Balce, G.R. No. L-14414, April 27, 1960
Subject: Obligations and Contracts
FACTS
The case involved the
parents of Carlos Salen, who was killed by Gumersindo Balce, a minor at the
time of the crime. Balce was convicted of homicide and sentenced to
imprisonment and to pay the heirs of the deceased an indemnity in the amount of
P2,000.00. The parents of Salen then filed a civil action against Balce's
father, Jose Balce, to recover the indemnity.
The lower court dismissed
the complaint, holding that Jose Balce was not liable for the civil liability
of his son. The parents of Salen appealed to the Supreme Court, arguing that
Jose Balce was liable under Article 2180 of the Civil Code, which provides that
"the father and, failing him, the mother, of a person who by reason of his
age or mental condition is unable to act for himself, is liable for any damage
caused by such person."
ISSUE
Whether or not the parent
of a minor child is subsidiarily liable.
RULING
No. The Supreme Court of
the Philippines ruled that a parent is not liable for the civil liability of
his or her minor child who has been convicted of a crime. Article 2180 does not
apply to cases where the minor child has been convicted of a crime. The Court
reasoned that the purpose of Article 2180 is to protect third parties from the tortious
acts of minors who are unable to understand the consequences of their actions.
However, when a minor has been convicted of a crime, it is presumed that he or
she has the capacity to understand the consequences of his or her actions. As a
result, the parents of the minor child are no longer liable for his or her
tortious acts.
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