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Libi vs.

IAC & Gotiong


Minors Julie Ann Gotiong and Wendell Libi were sweethearts who eventually broke up and
because of the refusal of Julie Ann to reconcile with Wendell he took his fathers gun from its
safety deposit box, killed Julie Ann and then committed suicide. Spouses Gotiong then filed a
civil case before the CFI of Cebu against the parents of Wendell to recover damages under
Art. 2180 of the Civil Code. The case was dismissed by the lower court for insufficiency of
evidence. On appeal, IAC reversed the said ruling and ordered spouses Libi to pay damages.
This prompted spouses Libis to file an appeal by Certiorari with the SC.

Issue: Whether or not spouses Libi are liable under Art 2180 of the Civil Code?
The SC ruled that Spouses Libi are primarily liable for the civil liability arising from the
criminal offense committed by their minor children under their legal authority or control or who
live in their company unless it is proven that the former acted with the diligence of a good
father of a family to prevent such damages. The diligence of a good father of a family
required by law in a parent and child relationship consists of the instruction and supervision of
the child. Clearly, the spouses were remiss in their duty when they failed to supervise the
activities of their son and in preventing him from having access to the gun.

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