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MACARIO TAMARGO v. CA

FACTS:

On October 20, 1982, a minor named Adelberto Bundoc shot Jennifer Tamargo with an air rifle, causing her death. A civil complaint for damages was filed against Adelberto's natural parents, the spouses Victor and Clara Bundoc. Adelberto was also charged with Homicide through Reckless Imprudence but was acquitted on the ground of lack of discernment. Prior to the incident, Adelberto's natural parents had filed a petition for his adoption, which was granted after the shooting incident. The natural parents claimed that the adopting parents were the indispensable parties to the action since parental authority had shifted to them. The trial court dismissed the complaint, ruling that the natural parents were not indispensable parties. Petitioners filed a motion for reconsideration, but it failed to comply with the requirements of the rules. The Court, however, treated the notice of appeal as timely filed to prevent manifest injustice. The issue in this case is whether the adopting parents or the natural parents are the indispensable parties in the action for damages caused by Adelberto's acts.

ISSUES:

  1. Whether the natural parents or the adopting parents are responsible for the damages caused by the minor child.

  2. Whether the natural parents' parental authority was dissolved upon the filing of the petition for adoption.

  3. Whether parental authority is retroactively transferred to and vested in the adopting parents at the time the tortious act was committed.

  4. Whether the adopting parents can be held liable for a tortious act committed by the adopted child when they had no actual or physical custody over the child at the time.

RULING:

  1. The natural parents are responsible for the damages caused by the minor child. The civil liability imposed upon parents for the torts of their minor children living with them is based on parental authority coupled with presumed parental dereliction in the discharge of the duties accompanying such authority. This presumption can be overturned only by proving that the parents had exercised all the diligence of a good father of a family to prevent the damage.

  2. The parental authority of the natural parents was not dissolved upon the filing of the petition for adoption. Article 36 of the Child and Youth Welfare Code provides that a decree of adoption shall be effective as of the date the original petition was filed. However, Article 39 of the same Code states that the adoption shall dissolve the authority vested in the natural parents, except where the adopter is the spouse of the surviving natural parent. Since the adopting parent in this case is not the spouse of the surviving natural parent, the parental authority of the natural parents was not dissolved. Therefore, they are still responsible for the damages caused by the minor child.

  3. Parental authority is not retroactively transferred to and vested in the adopting parents at the time the tortious act was committed.

  4. The adopting parents cannot be held liable for a tortious act committed by the adopted child when they had no actual or physical custody over the child at the time.

PRINCIPLES:

  • Parents are responsible for the damages caused by their minor children living with them under parental authority. This is based on the duty of parents to closely supervise and control their minor children. (Article 2180 of the Civil Code)

  • Parental liability is a species of vicarious liability or imputed negligence, where a person is not only liable for their own torts but also for the torts committed by others with whom they have a certain relationship and for whom they are responsible. (Cangco v. Manila Railroad Co.)

  • Parental liability is based on parental authority coupled with presumed parental dereliction in the discharge of their duties. The presumption can be overturned by proving that the parents exercised all the diligence of a good father of a family to prevent the damage. (Article 2180 of the Civil Code)

  • The parental authority of natural parents is dissolved upon adoption, except where the adopter is the spouse of the surviving natural parent. (Article 39 of the Child and Youth Welfare Code)

  • The actual custody of the child is a requisite for the parents or persons exercising parental authority to be held civilly liable for the acts or omissions of their unemancipated children. (Article 221, Civil Code)

  • Retroactive effect may be given to the granting of a petition for adoption where it is essential to permit the accrual of some benefit or advantage in favor of the adopted child.

  • The doctrine of vicarious liability is based on the philosophy and policy of imposing liability on persons who have the ability to control the conduct of those who cause harm, and it does not apply when there is no actual control or custody over the tortfeasor.

  • Trial custody of at least six months is required before a petition for adoption can be finally granted, during which parental authority is provisionally vested in the adopting parents. (Article 35, Child and Youth Welfare Code)

  • Natural parents may be considered indispensable parties to a suit for damages brought by the adopting parents if they had actual custody of the child at the time the tortious act was committed.