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    09 Rodriguez-Luna vs. IAC Digest

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    Nichole Lanuza
    This case involves a vehicular collision caused by Luis dela Rosa, then 13 years old and unlicensed, that killed Roberto Luna. Luna's heirs were awarded damages but the dela Rosas failed to pay. While Luis dela Rosa is now an adult living abroad with minimal earnings, the court held his father Jose dela Rosa remains primarily liable, as equity would not serve justice given Luis's circumstances abroad beyond the court's reach.

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    09 Rodriguez-Luna vs. IAC Digest

    Uploaded by

    Nichole Lanuza
    217 views1 page
    This case involves a vehicular collision caused by Luis dela Rosa, then 13 years old and unlicensed, that killed Roberto Luna. Luna's heirs were awarded damages but the dela Rosas failed to pay. While Luis dela Rosa is now an adult living abroad with minimal earnings, the court held his father Jose dela Rosa remains primarily liable, as equity would not serve justice given Luis's circumstances abroad beyond the court's reach.

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    This case involves a vehicular collision caused by Luis dela Rosa, then 13 years old and unlicensed, that killed Roberto Luna. Luna's heirs were awarded damages but the dela Rosas failed to pay. While Luis dela Rosa is now an adult living abroad with minimal earnings, the court held his father Jose dela Rosa remains primarily liable, as equity would not serve justice given Luis's circumstances abroad beyond the court's reach.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    217 views1 page

    09 Rodriguez-Luna vs. IAC Digest

    Uploaded by

    Nichole Lanuza
    This case involves a vehicular collision caused by Luis dela Rosa, then 13 years old and unlicensed, that killed Roberto Luna. Luna's heirs were awarded damages but the dela Rosas failed to pay. While Luis dela Rosa is now an adult living abroad with minimal earnings, the court held his father Jose dela Rosa remains primarily liable, as equity would not serve justice given Luis's circumstances abroad beyond the court's reach.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    Rodriguez-Luna vs.

    IAC
    G.R. No. L-62988 February 28, 1985

    FACTS:

    The petitioners are the heirs of Roberto R. Luna who was killed in a vehicular collision.
    Those involved were the go-kart driven by the deceased, a business executive, and a Toyota car
    driven by Luis dela Rosa, a minor of 13 years who had no driver's license. A suit for damages
    was brought by the heirs of Roberto R. Luna against Luis dela Rosa and his father Jose dela
    Rosa. Judgment was rendered awarding damages to the plaintiffs.

    The private respondents failed to pay the amounts and when required to explain they
    said that they had no cash money. Accordingly, this Court directed the trial court to issue a writ of
    execution but the attempt of the special sheriff to enter the private respondent's premises so that
    he could make an inventory of personal properties was thwarted by guards and this Court had to
    direct the Chief of the Philippine Constabulary to assist in enforcing the writ of execution. The
    execution yielded only a nominal amount. In the meantime, Luis dela Rosa is now of age, married
    with two children, and living in Madrid, Spain with an uncle but only casually employed. It is said:
    "His compensation is hardly enough to support his family. He has no assets of his own as yet."

    The private respondents invoke Elcano vs. Hill, where it was held that Article 2180 of the
    Civil Code applied to Atty. Marvin Hill notwithstanding the emancipation by marriage of Reginald
    Hill, his son but since Reginald had attained age, as a matter of equity, the liability of Atty. Hill had
    become merely subsidiary to that of his son. It is now said that Luis dela Rosa, is now married
    and of legal age and that as a matter of equity the liability of his father should be subsidiary only.

    ISSUES:

    Whether the father Jose dela Rosa should remain primarily liable?

    HELD:

    Yes. We are unwilling to apply equity instead of strict law in this case because to do so
    will not serve the ends of justice. Luis dela Rosa is abroad and beyond the reach of Philippine
    courts. Moreover, he does not have any property either in the Philippines or elsewhere. In fact his
    earnings are insufficient to support his family.

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