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Facts:: Libi vs. IAC

Wendell Libi and Julie Ann Gotiong had a relationship that ended when Julie discovered Wendell was irresponsible and sadistic. Wendell wanted to reconcile but Julie refused, prompting threats from Wendell. They were later found dead from single gunshot wounds from the same gun. Julie's parents filed a civil case against Wendell's parents to recover damages. The court held that parents can be held liable for damages caused by their minor children under the Civil Code and Penal Code. In this case, Wendell's mother testified that her husband owned a gun kept in an unlocked drawer, and after the incident the gun was missing. This showed they failed to exercise due diligence to prevent damage

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0% found this document useful (0 votes)
19 views1 page

Facts:: Libi vs. IAC

Wendell Libi and Julie Ann Gotiong had a relationship that ended when Julie discovered Wendell was irresponsible and sadistic. Wendell wanted to reconcile but Julie refused, prompting threats from Wendell. They were later found dead from single gunshot wounds from the same gun. Julie's parents filed a civil case against Wendell's parents to recover damages. The court held that parents can be held liable for damages caused by their minor children under the Civil Code and Penal Code. In this case, Wendell's mother testified that her husband owned a gun kept in an unlocked drawer, and after the incident the gun was missing. This showed they failed to exercise due diligence to prevent damage

Uploaded by

MaFatimaP.Lee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Libi vs.

IAC
FACTS:
Julie Ann Gotiong and Wendell Libi were a sweetheart until the former broke up
with the latter after she found out the Wendell was irresponsible and sadistic.
Wendell wanted reconciliation but was not granted by Julie so it prompted him to
resort to threats. One day, there were found dead from a single gunshot wound
each coming from the same gun. The parents of Julie herein private
respondents filed a civil case against the parents of Wendell to recover
damages. Trial court dismissed the complaint for insufficiency of evidence but
was set aside by CA.
ISSUE: WON the parents should be held liable for such damages.
HELD:
The subsidiary liability of parents for damages caused by their minor children
imposed under Art 2180 of the Civil Code and Art. 101 of Revised Penal Code
covered obligations arising from both quasi-delicts and criminal offenses. The
court held that the civil liability of the parents for quasi-delict of their minor
children is primary and not subsidiary and that responsibility shall cease when
the persons can prove that they observe all the diligence of a good father of a
family to prevent damage. However, Wendells mother testified that her
husband owns a gun which he kept in a safety deposit box inside a drawer in
their bedroom. Each of the spouses had their own key. She likewise admitted
that during the incident, the gun was no longer in the safety deposit box.
Wendell could not have gotten hold of the gun unless the key was left
negligently lying around and that he has free access of the mothers bag where
the key was kept. The spouses failed to observe and exercise the required
diligence of a good father to prevent such damage.

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