This case has been cited 1 times or more.
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2000-10-20 |
YNARES-SANTIAGO, J. |
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| relieve him of liability.[23] From petitioner Castro's testimonial admissions, it is established that he was driving at a speed faster than 50 kilometers per hour because it was a downhill slope coming from the Rosario bridge. But as he allegedly stepped on the brake, it locked causing his Nissan Pathfinder to skid to the left and consequently hit the taxicab. The sudden malfunction of the vehicle's brake system is the usual excuse of drivers involved in collisions which are the result of speedy driving, particularly when the road is downhill. Malfunction or loss of brake is not a fortuitous event. Between the owner and his driver, on the one hand, and third parties such as commuters, drivers and pedestrians, on the other, the former is presumed to know about the conditions of his vehicle and is duty bound to take | |||||