[go: up one dir, main page]
Scribd
Upload
141 views1 page

Parental Liability in Adoption Cases

The Supreme Court ruled that the parental authority of adopting parents cannot be applied retroactively to make them liable for damages caused by their adopted child's actions prior to the adoption. The case involved a 10-year old boy, Adelberto, who shot and killed a girl with an air rifle while living with his natural parents. The natural parents were found to be responsible due to the legal principle of parental liability, which presumes negligence on the part of parents who fail to properly supervise their children living under their custody and control.

Uploaded by

Sheena Juarez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
141 views1 page

Parental Liability in Adoption Cases

The Supreme Court ruled that the parental authority of adopting parents cannot be applied retroactively to make them liable for damages caused by their adopted child's actions prior to the adoption. The case involved a 10-year old boy, Adelberto, who shot and killed a girl with an air rifle while living with his natural parents. The natural parents were found to be responsible due to the legal principle of parental liability, which presumes negligence on the part of parents who fail to properly supervise their children living under their custody and control.

Uploaded by

Sheena Juarez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Macario Tamargo vs.

Court of Appeals

(Gr no. 85044)

Facts:
Adelberto Bundoc, a 10 year old boy, shot Jennifer Tamargo with an air riffle that caused her
death. The parents of Jennifer filed a case for damages against Adelbertos parents. Adelbertos
parents denied liability because Aldelberto, who was petitioned for adoption before the incident, was
now adopted by sps Rapisura and that parental authority has shifted to them by the time the petition
for adoption was filed. The Tamargos contend that the Bundocs are indispensable parties to the action
for damages cause by the act of their minor child for he was living with them then.
Issue:
Whether or not the effects of adoption, in so far as parental authority is concerned may be
given retroactive effect to make the adopting parents liable for damages caused by their adopted
child.
Ruling:
The SC held that the parental authority cannot be given retroactive effect because it would be
unfair and unconscionable on the part of the adopting parents. The parents of Adelberto should be held
responsible for his act because of the principle of parental liability under vicarious liability or the
doctrine of imputed negligence. There is a presumption of negligence on the part of the
parents in the performance of their legal and natural duty to closely supervise their child
who is under their custody and control. In this case, Adelberto, during the accident was then
living with his natural parents.

You might also like