This case has been cited 3 times or more.
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2015-06-15 |
BERSAMIN, J. |
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| The Court has reiterated the registered-owner rule in other rulings, like in Filcar Transport Services v. Espinas,[13] to wit:x x x It is well settled that in case of motor vehicle mishaps, the registered owner of the motor vehicle is considered as the employer of the tortfeasor-driver, and is made primarily liable for the tort committed by the latter under Article 2176, in relation with Article 2180, of the Civil Code. | |||||
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2014-06-18 |
PEREZ, J. |
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| In Filcar Transport Services v. Espinas,[27] we held that the registered owner is deemed the employer of the negligent driver, and is thus vicariously liable under Article 2176, in relation to Article 2180, of the Civil Code. Citing Equitable Leasing Corporation v. Suyom,[28] the Court ruled that in so far as third persons are concerned, the registered owner of the motor vehicle is the employer of the negligent driver, and the actual employer is considered merely as an agent of such owner. Thus, whether there is an employer-employee relationship between the registered owner and the driver is irrelevant in determining the liability of the registered owner who the law holds primarily and directly responsible for any accident, injury or death caused by the operation of the vehicle in the streets and highways.[29] | |||||
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2013-12-04 |
BRION, J. |
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| Based on these requisites, Dra. dela Llana must first establish by preponderance of evidence the three elements of quasi-delict before we determine Rebecca's liability as Joel's employer. She should show the chain of causation between Joel's reckless driving and her whiplash injury. Only after she has laid this foundation can the presumption - that Rebecca did not exercise the diligence of a good father of a family in the selection and supervision of Joel - arise.[30] Once negligence, the damages and the proximate causation are established, this Court can then proceed with the application and the interpretation of the fifth paragraph of Article 2180 of the Civil Code.[31] Under Article 2176 of the Civil Code, in relation with the fifth paragraph of Article 2180, "an action predicated on an employee's act or omission may be instituted against the employer who is held liable for the negligent act or omission committed by his employee."[32] The rationale for these graduated levels of analyses is that it is essentially the wrongful or negligent act or omission itself which creates the vinculum juris in extra-contractual obligations.[33] | |||||