Sunday, December 7, 2008

Paleyan vs. Bangkili

Paleyan vs. Bangkili
Facts: Carlos Bangkili, 19 yrs. of age killed Balos Paleyan. As a result of the death of Balos Paleyan and of the wounding of another victim, Bangkili was accused of the crime of homocide with less serious physical injuries. He pleaded guilty and was sentenced accordingly, but no desicion as to the civil indemnity which should be paid to the heirs of the deceased was made. Plaintiffs filed an action for damages against Carlos Bangkili and his mother, Victoria Bangkili. Complaint was dismissed against Victoria because his son was already 19 yrs. of age at the time he committed the offense. Hence, this petition.

Issue: WON the mother of Carlos should be liable with him for the amount which he was sentenced to pay considering that he was then a minor of 19 yrs.

Ruling: Victoria Bangkili is liable solidarily with her son.

Ratio: Art. 2180 is aplicable in this case. Considering that her son, although living with her, was already 19 yrs. of age and hence mature enough to have a mind of his own. This fact is not a legal defense, however, and does not exempt the appellent from her responsibility as parent and natural guardian. Art. 2180 does not provide for any exemption except proof that the defendant parent "observed all the diligence of a god father of a family to prevent damage."

*Dre

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