ISABELA EXCONDE v DELFIN CAPUNO and DANTE CAPUNO

Bautista, Angelo, J.
June 29, 1957
G.R. No. L-10134
Doctrine
ART. 1903 (Spanish Civil Code). The obligation impossed by the next preceding articles is enforceable not
only for personal acts and omissions, but also for those of persons for whom another is responsible.
The father, and, in case of his death or incapacity, the mother, are liable for any damages caused by the
minor children who live with them.
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Finally, teachers or directors of arts and trades are liable for any damages caused by their pupils or
apprentices while they are under their custody.
The civil liability which the law impose upon 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, is the 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 and instructing them in proportion to their means",
while, on the other hand, gives them the "right to correct and punish them in moderation" (Articles 154 and
155, Spanish Civil Code).

Summary

Facts

Fifteen year-old Dante Capuno was convicted of double homicide through reckless imprudence for causing
the death of two persons. They were his passengers while he was driving a jeep that turned turtle while they
were in a school procession. The mother of the deceased filed an action for damages against Dante and his
father, Delfin, asking for P2,959. The father argued, however, that he cant be held liable because his son
was not under his supervision when the incident happened and that he didnt know about the school event.
The trial court sustained his claim and only ordered Dante to pay for the damages, but the Supreme Court
ruled that, in line with Art. 1903 of the old Civil Code, the civil liability must be imposed on the father and
in his absence, the mother . The only way he can relieve himself of the liability is by proving that he
exercised the diligence of a good father in preventing the damage which the defendants failed to do. The
teachers or directors of Dante cannot be held liable because the provision only refers to schools of arts and
trades, not academic institutions.
Dante Capuno was a member of the Boy Scouts and a student of the Balintawak Elementary School.
On March 31, 1949, he attended a school parade in honor of Jose Rizal upon the instruction of the
school supervisor. From the school, he boarded a jeep along with other students and when it began
to run, he took the wheels from the driver and drove the jeep.
The jeep didnt reach far before it turned turtle wherein its two passengers, Amado Ticzon and
Isidore Caperia, died. At the time, Dantes father, Delfin, was not with his son and was not aware
of the school event.
Dante was found guilty of double homicide through reckless imprudence. During the trial, the
mother of one of the deceased, the petitioner, reserved the right to bring a separate civil action
against Dante and his father. She asked for P2,959 in damages. The trial court, however, sustained
Delfins defense and awarded the damages only to Dante.
Upon appeal, plaintiff argued that Delfin should be held jointly and severally liable with his son
because at the time the latter committed the negligent act which resulted in the death of the victim,
he was a minor and was then living with his father.

Ratio/Issues
(1) Whether or not Delfin Capuno can be held civilly liable, jointly and severally with his son
for damages resulting from the death of Isidoro Caperia caused by the negligent act of
the minor (YES)
a) See doctrine. 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
(Article 1903, last paragraph, Spanish Civil Code).
b) The civil liability for teachers or directors of arts and trades for the damages caused by their
pupils or apprentices while they are under their custody in Art. 1903 applies only to an
institution of arts and trades and not to any academic educational institution. It is clear that

neither the head of that school, nor the city school's supervisor, could be held liable for the
negligent act of Dante because he was not then a student of an institute of arts and trades as
provided by law.
Held

Defendants Delfin Capuno and Dante Capuno shall pay to plaintiff, jointly and severally, the sum of
P2,959.00 as damages
Prepared by: Eunice V. Guadalope [Torts and Damages | Prof. Mirasol]
Dissenting opinion (JBL Reyes):
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The father, Delfin, should be relieved of liability because there is no reason to distinguish between teachers of arts
and trades and that of academic institutions. In the phrase, teachers or heads of establishments of arts and trades"
in Art. 1903 of the old Civil Code, the words "arts and trades" does not qualify "teachers" but only "heads of
establishments".
Where the parent places the child under the effective authority of the teacher, the latter, and not the parent, should
be the one answerable for the torts committed while under his custody, for the very reason that the parent is not
supposed to interfere with the discipline of the school nor with the authority and supervision of the teacher while
the child is under instruction.
If a teacher or scout master was present, then he should be the one responsible for allowing the minor to drive the
jeep without being qualified to do so. On the other hand, if no teacher or master was at hand to watch over the
pupils, the school authorities are the ones answerable for that negligence, and not the father.
The father had every reason to assume that in ordering a minor to attend a parade with other children, the school
authorities would provide adequate supervision over them. Thus, the father has rebutted the presumption of Art.
1903 and the burden of proof shifted to the Exconde to show actual negligence on the part of the parent in order to
render him liable.