No escape

Is the registered owner of a motor vehicle still liable for the damage or injury caused by the vehicle even if he has already sold it to someone else who has not yet transferred the registration when the injury occurred? This is answered in this case of Danding.

The case involves a Ford Fiera registered in the name of Danding then being driven by Chona along a highway intersection that has an uncemented portion serving as shoulder for use of pedestrian and for loading and unloading of passengers. Standing at the said shoulder was Ruel, a 15-year-old high school student with other pedestrians. At about 4 p.m. of July 19, 1994, the speeding Ford Fiera driven by Chona along the cemented part of the highway suddenly and inexplicably swerved to the shoulder without even slowing down and then recklessly bumped and ran over Ruel.

Due to Chona’s reckless driving, Ruel suffered severe muscular and major blood vessel injuries, as well as open bone fractures in both thighs and other parts of his legs. To save his life, the surgeon had to amputate both legs up to his groins. The permanent injury caused Ruel to stop schooling and forced him to face life with nary but two remaining arms.

Thus Ruel’s father Sam filed a complaint before the Regional Trial Court for torts and damages against Chona and Danding, the registered owner of the vehicle. Chona had since absconded and disappeared. Only Danding was left to face the suit. However he claimed that when the accident happened, he was no longer the owner of the Ford Fiera. He alleged that he sold the vehicle to Roger on March 29, 1994, and turned over to him the Certificate of Registration and Official Receipt with the understanding that the latter would be the one to cause the transfer of the registration. So Danding filed a third-party complaint against Roger. On the other hand, Roger also claimed that he was no longer the owner of the vehicle as he transferred it to Abudo on June 20, 1994. Thus he also filed a fourth party claim against the latter.

But after trial, the RTC rendered judgment in favor of Ruel declaring both Danding and Roger jointly and severally liable for P300,000 compensatory damages, P150,000 for moral damages, P18,982.85 reimbursement of medical expenses and P30,000 attorney’s fees. Only Danding appealed from the decision. But the Court of Appeals (CA) affirmed the RTC decision. Were the RTC and CA correct?

Yes. The registered owner of any vehicle is primarily responsible to the public for whatever damage or injury the vehicle may cause even if he had already sold it to someone else. Were the registered owner allowed to evade responsibility by proving who the supposed transferee or owner is, it would be easy for him, by collusion with others or otherwise, to escape said responsibility by transferring the same to an indefinite person or to one who possesses no property with which to respond financially for the damage or injury done.

The policy behind the vehicle registration is the easy identification of the owner who can be held responsible in case of accident, damage or injury caused by the vehicle. This is so as not to inconvenience of prejudice a third party injured by one whose identity cannot be secured.

Therefore, since the Ford Fiera was still registered in Danding’s name at the time the misfortune took place, Danding cannot escape liability for the permanent injury it caused upon Ruel (Cadiente vs. Macas, G.R. 161946, November 14, 2008).

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445.

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