Case Digest Salen Vs Balce

 

Salen vs. Balce SEVERINO SALEN and ELENA SALBANERA vs. JOSE BALCE G.R. No. L-14414. 27 April 19!.  Appeal from a judgment judgment of the CFI of Camarines Norte. Norte.  Bautista Angelo, J.:

 Facts: Plaintiffs  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. s a result of Carlos Salen!s death, Gumersindo Balce was accused and convicted of homicide and was sentenced to imprisonment and to pay the amount of P",###.##. Plaintiffs brought this action against defendant before C$% to recover the sum of P",###.##, with legal interest. &efendant, in his answer, set up the defense that the law upon which plaintiffs predicate their right to recover does not here apply for the reason that law refers to 'uasi(delicts and not to criminal cases. C$% sustained the theory of defendant.

 Issue: )*+  Issue:  )*+ appellee can be held subsidiary liable to pay the indemnity in accordance with rt. "18# of the Civil C*de.

 Ruling: udgment  Ruling:  udgment reversed.  rt "18# Civil Code applies in the the case at bar. -o hold otherwise otherwise would result in the absurdity absurdity that while for an act where mere negligence intervenes 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.  erily, the void that apparently apparently e/ists in the 0PC art.1#12 art.1#12 is subserved by this particular particular provision of our Civil Code, as may be gleaned from some recent decisions of the SC which cover e'ual or identical cases.

Carlos Salen (single) died due to wounds caused by Gumersindo Balce, 18, single and living with Jose Balce, his father father Gumersindo was convicted of homicide and was sentenced to im!risonment and to !ay Carlos" heirs indemnity But Gumersindo was insolvent,hence Severino Salen and #lena indemnity Salbanera (Salens), the !arents (and heirs) of Carlos, Ca rlos, demanded from Jose to !ay but he refused $ence the suit

 

 %  %C& C& dismissed Sustained Jose"s theory that the civil liability liability of Gumersindo arises from his criminal liability and therefor therefore e must be determ determined ined under the 'C, and not under rt *18+ of the Civil Code, which only a!!lies to obligations arising form uasi-delicts %here is no law which holds the father either !rimarily or subsidiarily liable for the civil liability incurred by the son who is a minor of 18 years .SS/#&02 Jose Balce can be held S/BS.3.'.4 S/BS.3.'.45 5 liable to !ay the indemnity his son was sentenced to!ay in the criminal case against him (the son)

'/4.2G&  5  5es es Jose Balce is or ordered dered to !ay the indem indemnity nity %C rreversed eversed s a rule, the civil liability arising form a crime shall be governed by the 'C But since the 'C is silent as to the subsidiary liability of !arents for a minor over 16, who acts with discernment, resort should be made to the general law which is the Civil Code nd rt*18+ is the law that a!!lies %o hold that rt *18+ a!!lies only to uasi-delicts will result in an absurdity a bsurdity that while for an act where mer mere e negligence intervenes, the father or mother may beheld subsidiarily liable, no liability would attach if the damage is caused with criminal intent %he void that a!!arently e7ists in the 'C is subserved by *18+ of the Civil Code as may be gleaned from some recent SC decisions