Art. 1162.

Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and
by special laws. (1093a)

ELCANO vs. HILL

Reginald Hill, a minor, caused the death of Agapito (son of Elcano). Elcano filed a criminal case against
Reginald but Reginald was acquitted for lack of intent coupled with mistake. Elcano then filed a civil
action against Reginald and his dad (Marvin Hill) for damages based on Article 2180 of the Civil Code. Hill
argued that the civil action is barred by his sons acquittal in the criminal case; and that if ever, his civil
liability as a parent has been extinguished by the fact that his son is already an emancipated minor by
reason of his marriage.
ISSUE: Whether or not Marvin Hill may be held civilly liable under Article 2180.
HELD: Yes. The acquittal of Reginald in the criminal case does not bar the filing of a separate civil action.
A separate civil action lies against the offender in a criminal act, whether or not he is criminally
prosecuted and found guilty or acquitted, provided that the offended party is not allowed, if accused is
actually charged also criminally, to recover damages on both scores, and would be entitled in such
eventuality only to the bigger award of the two, assuming the awards made in the two cases vary. In
other words, the extinction of civil liability referred to in Par. (e) of Section 3, Rule 111, refers exclusively
to civil liability founded on Article 100 of the Revised Penal Code, whereas the civil liability for the same
act considered as a quasi-delict only and not as a crime is not extinguished even by a declaration in the
criminal case that the criminal act charged has not happened or has not been committed by the
accused. Briefly stated, culpa aquiliana includes voluntary and negligent acts which may be punishable
by law.
While it is true that parental authority is terminated upon emancipation of the child (Article 327, Civil
Code), and under Article 397, emancipation takes place by the marriage of the minor child, it is,
however, also clear that pursuant to Article 399, emancipation by marriage of the minor is not really full
or absolute. Thus Emancipation by marriage or by voluntary concession shall terminate parental
authority over the childs person. It shall enable the minor to administer his property as though he were
of age, but he cannot borrow money or alienate or encumber real property without the consent of his
father or mother, or guardian. He can sue and be sued in court only with the assistance of his father,
mother or guardian. Therefore, Article 2180 is applicable to Marvin Hill the SC however ruled since at
the time of the decision, Reginald is already of age, Marvins liability should be subsidiary only as a
matter of equity.