Published on March 02, 2025

The Supreme Court has categorically ruled that the father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company.

Article 2176 of the Civil Code provides:

Article 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.

Additionally, Article 2189 of the Civil Code provides:

Article 2180. The obligation imposed by article 2176 is demandable not only for one’s own acts or omissions, but also for those of persons for whom one is responsible.

Aside from the above mentioned, and as ruled by the Supreme Court, it must also be observed that:

Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company.

The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions.

Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.

The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable.

Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody.

The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage.

Source: [ G.R. No. 218344, March 21, 2022 ]
JESSICA P. MAITIM A.K.A. “JEAN GARCIA,” PETITIONER, VS. MARIA THERESA P. AGUILA, RESPONDENT.

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THE RESPONSIBILITY TREATED OF THIS ARTICLE SHALL CEASE WHEN THE PERSONS HEREIN MENTIONED PROVE THAT THEY OBSERVE ALL THE DILIGENCE OF A GOOD FATHER OF A FAMILY TO PREVENT THE DAMAGE

ICC

GIULIA INGRID C. CALUB

ASSOCIATE LAWYER