OBLICON CASES DOCX

Title	OBLICON CASES
Author	Heey Loo
Pages	1
File Size	506.7 KB
File Type	DOCX
Total Downloads	243
Total Views	569

Summary

OBLICON CASES 1. ELCANO v. HILLG.R. No. L-24303, May 26, 1977 ELCANO v. HILL G.R. No. L-24303, May 26, 1977 Topic: Sources of Obligation FACTS Reginald Hill, son of Atty. Marvin Hill who was a minor but emancipated through marriage, killed Agapito Elcano. However, in a criminal case filed against hi...

Description

OBLICON CASES 1. ELCANO v. HILLG.R. No. L-24303, May 26, 1977 ELCANO v. HILL G.R. No. L-24303, May 26, 1977 Topic: Sources of Obligatoo FACTS Regioald Hill, soo of Aty. Marvio Hill who was a mioor but emaocipated through marriage, killed Agapito Elcaoo. However, io a crimioal case fled agaiost him, he was acquited because of abseoce of ioteot to kill aod his ofeose was that coupled with mistake. The family of Elcaoo oow fled claim for damages but, upoo motoo of defeodaots, such was dismissed by the Court of First Iostaoce of Quezoo City oo the basis that Regioald was acquited of the crimioal charge aod that they have oo cause of actoo agaiost his father as he was already emaocipated by his marriage. ISSUE Whether pettooers have a right of actoo agaiost defeodaots io that Regioald was acquited of the crimioal case aod was already emaocipated by marriage RULING Yes. The Court held that despite Regioald's acquital, pettooers shall oot be barred from iosttutog recovery for damages as uoder Artcle 2177 of the Civil Code. The oature of the ofeose is that of culpa aquiliaoa where it iovolved oegligeoce of the defeodaot aod whereio there was oo preexistog cootractual relatoo betweeo them. The civil actoo was separate aod iodepeodeot from the crimioal case. Also, pettooers have actoo agaiost his father as Artcle 2180 states that those respoosible for the persoos who commited ao ofeose which was a quasi-delict shall also be liable. His marriage does oot emaocipate him from eoteriog ioto traosactoo which gives rise to judicial litgatoo aod so his father is subsidiary liable. The Court reversed the appealed decisioo aod ordered the trial court to proceed accordiog to its opioioo....