S.A 2020/21 B.E CIVIL LAW | Question #5

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #5 



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A 12-year-old seventh grade student living in the company of their parents brought a gun owned by the father to school. With it, the student shot a classmate who had been a bully.

The student missed, sparing the bully. The bully’s parents, incensed by the event, sued the parents of the 12-year-old seventh grade student for damages. The defendant parents moved to dismiss the suit claiming that they could never be held liable for damages since they did not shoot the bully themselves.

Should the motion to dismiss be granted on this ground? Explain briefly. 


SUGGESTED ANSWER: 

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SUGGESTED ANSWER:

No, the motion to dismiss filed by the parents should not be granted. Under the Family Code, parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law (Family Code, Art. 221).

However, since the minor child of the defendant parents was under the special parental authority of the school, its administrators and teachers when the incident took place, it is the latter who should be principally and solidarily liable. Under the Family Code, if the delict or quasi-delict is committed by a minor child while he is under the special parental authority of the school, its administrators and teachers, it is the latter who should be principally and solidarily liable for damages while the parents and those exercising substitute parental authority are only subsidiarily liable. 


Code: S.A 2020/21 B.E CIVIL LAW | Question #5 


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