Article 235 - Family Code and Case: Salen vs. Balce, G.R. No. L-14414

 

Article 235

          The provisions governing emancipation by recorded agreement shall also apply to an orphan minor and the person exercising parental authority but the agreement must be approved by the court before it is recorded.

SEVERINO SALEN and ELENA SALBANERA, plaintiffs-appellants, vs. JOSE BALCE, defendant-appellee.

G.R. No. L-14414, April 27, 1960

Facts:

          Plaintiffs are the legitimate parents of Carlos Salen who died from wounds caused by Gumersindo Balce, a legitimate son of defendant who was then single, 18 yrs old and was living with defendant. As a result of C. Salen's death, G. Balce was accused and convicted of homicide and was sentenced to imprisonment and to pay the amount of P2,000.00. Plaintiffs brought this action against defendant before CFI to recover the sum of P2,000.00, with legal interest. Defendant, in his answer, set up the defense that the law upon which plaintiffs predicate their right to recover does not here apply for the reason that law refers to quasi-delicts and not to criminal cases. CFI sustained the theory of defendant.

Issue:

          Whether appellee can be held subsidiary liable to pay the indemnity in accordance with Art. 2180 of the Civil Code.

Held:

          Judgment reversed. Art 2180 CC applies in the case at bar. To hold otherwise would result in the absurdity that while for an act where mere negligence intervenes the father or mother may stand subsidiarily liable for the damage caused by his or her son, no liability would attach if the damage is caused with criminal intent. Verily, the void that apparently exists in the RPC (art.101) is subserved by this particular provision of our CC, as may be gleaned from some recent decisions of the SC which cover equal or identical cases.

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