Republic of the Philippines however, Maria Teresa Cuadra completely lost the sight of her right

SUPREME COURT eye.

Manila
In the civil suit subsequently instituted by the parents in behalf of their
EN BANC minor daughter against Alfonso Monfort, Maria Teresa Monfort's father,
the defendant was ordered to pay P1,703.00 as actual damages;
G.R. No. L-24101 September 30, 1970 P20,000.00 as moral damages; and P2,000.00 as attorney's fees, plus
the costs of the suit.
MARIA TERESA Y. CUADRA, minor represented by her father
ULISES P. CUADRA, ET AL., plaintiffs-appellees, The legal issue posed in this appeal is the liability of a parent for an act
vs. of his minor child which causes damage to another under the specific
ALFONSO MONFORT, defendant-appellant. facts related above and the applicable provisions of the Civil Code,
particularly Articles 2176 and 2180 thereof, which read:
Rodolfo J. Herman for plaintiffs-appellees.
ART. 2176. Whoever by act or omission causes damage
Luis G. Torres and Abraham E. Tionko for defendant-appellant. to another, there being fault or negligence, is obliged to
pay for the damage done. Such fault or negligence, if
MAKALINTAL, J.: there is no pre-existing contractual relation between the
parties, is called a quasi-delict and is governed by
This is an action for damages based on quasi-delict, decided by the provisions of this Chapter.
Court of First Instance of Negros Occidental favorably to the plaintiffs
and appealed by the defendant to the Court of Appeals, which certified ART 2180. The obligation imposed by Article 2176 is
the same to us since the facts are not in issue. demandable not only for one's own acts or omissions,
but also for those of persons for whom one is
Maria Teresa Cuadra, 12, and Maria Teresa Monfort, 13, were responsible.
classmates in Grade Six at the Mabini Elementary School in Bacolod
City. On July 9, 1962 their teacher assigned them, together with three The father and, in case of his death or incapacity are
other classmates, to weed the grass in the school premises. While thus responsible for the damages caused by the minor
engaged Maria Teresa Monfort found a plastic headband, an children who live in their company.
ornamental object commonly worn by young girls over their hair.
Jokingly she said aloud that she had found an earthworm and, evidently xxx xxx xxx
to frighten the Cuadra girl, tossed the object at her. At that precise
moment the latter turned around to face her friend, and the object hit The responsibility treated of in this Article shall cease
her right eye. Smarting from the pain, she rubbed the injured part and when the persons herein mentioned prove that they
treated it with some powder. The next day, July 10, the eye became observed all the diligence of a good father of a family to
swollen and it was then that the girl related the incident to her parents, prevent damage.
who thereupon took her to a doctor for treatment. She underwent
surgical operation twice, first on July 20 and again on August 4, 1962, The underlying basis of the liability imposed by Article 2176 is the fault
and stayed in the hospital for a total of twenty-three days, for all of which or negligence accompanying the act or the omission, there being no
the parents spent the sum of P1,703.75. Despite the medical efforts, willfulness or intent to cause damage thereby. When the act or omission
is that of one person for whom another is responsible, the latter then
becomes himself liable under Article 2180, in the different cases The decision appealed from is reversed, and the complaint is
enumerated therein, such as that of the father or the mother under the dismissed, without pronouncement as to costs.
circumstances above quoted. The basis of this vicarious, although
primary, liability is, as in Article 2176, fault or negligence, which is Reyes, J.B.L., Actg. C.J., Dizon, Zaldivar, Castro, Teehankee, Villamor
presumed from that which accompanied the causative act or omission. and Makasiar, JJ., concur.
The presumption is merely prima facie and may therefore be rebutted.
This is the clear and logical inference that may be drawn from the last Concepcion, C.J., is on leave.
paragraph of Article 2180, which states "that the responsibility treated
of in this Article shall cease when the persons herein mentioned prove Fernando, J., took no part.
that they observed all the diligence of a good father of a family to
prevent damage." Separate Opinions
Since the fact thus required to be proven is a matter of defense, the
BARREDO, J., dissenting:
burden of proof necessarily rests on the defendant. But what is the
exact degree of diligence contemplated, and how does a parent prove
I am afraid I cannot go along with my esteemed colleagues in holding
it in connection with a particular act or omission of a minor child,
that the act of appellant's daughter does not constitute fault within the
especially when it takes place in his absence or outside his immediate
contemplation of our law or torts. She was 13 years and should have
company? Obviously there can be no meticulously calibrated measure
known that by jokingly saying "aloud that she had found an earthworm
applicable; and when the law simply refers to "all the diligence of a good
and, evidently to frighten the Cuadra girl, tossed the object at her," it
father of the family to prevent damage," it implies a consideration of the
was likely that something would happen to her friend, as in fact, she
attendant circumstances in every individual case, to determine whether
was hurt.
or not by the exercise of such diligence the damage could have been
prevented.
As to the liability of appellant as father, I prefer to hold that there being
no evidence that he had properly advised his daughter to behave
In the present case there is nothing from which it may be inferred that
properly and not to play dangerous jokes on her classmate and
the defendant could have prevented the damage by the observance of
playmates, he can be liable under Article 2180 of the Civil Code. There
due care, or that he was in any way remiss in the exercise of his
is nothing in the record to show that he had done anything at all to even
parental authority in failing to foresee such damage, or the act which
try to minimize the damage caused upon plaintiff child.
caused it. On the contrary, his child was at school, where it was his duty
to send her and where she was, as he had the right to expect her to be,
under the care and supervision of the teacher. And as far as the act
which caused the injury was concerned, it was an innocent prank not
unusual among children at play and which no parent, however careful,
would have any special reason to anticipate much less guard against.
Nor did it reveal any mischievous propensity, or indeed any trait in the
child's character which would reflect unfavorably on her upbringing and
for which the blame could be attributed to her parents.

The victim, no doubt, deserves no little commiseration and sympathy

for the tragedy that befell her. But if the defendant is at all obligated to
compensate her suffering, the obligation has no legal sanction
enforceable in court, but only the moral compulsion of good conscience.