Road mishap woes

Dear Atty. Maan,

My husband was involved in a vehicular accident with a Toyota Innova driven by a company driver. At the police station, the driver stated that he cannot cover the full amount of medical expenses due to budget constraints. Can we pursue his employer to claim the amount of damages?

Emma

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Dear Emma,

Yes, you may go after the employer or the Registered Owner of the vehicle which was involved in the accident. The Registered owner of the subject vehicles should also be for any accident, injury, or death caused by the operation of the vehicle registered to his name.

The courts have applied two different rules in such situations: The Vicarious Liability Rule or the Registered Owner Rule.

According to Article 2180 of the Civil Code of the Philippines, the Vicarious Liability Rule holds employers liable for the damages caused by their employees acting within the scope of their assigned tasks, even if the employer is not engaged in any business or industry.

This provision is closely related to Article 2176 of the same law, which underscores the principle that those causing damage to others due to fault or negligence must assume responsibility. Moreover, it extends its application to encompass those individuals which the law deems responsible, not only for their own actions or omissions, but also for the actions or omissions of others. Thus, employers are responsible for their employees under certain circumstances.

On the other hand, the Registered-Owner Rule mandates that registered owners of vehicles are liable for death or injuries resulting from the operation of their vehicles. The rationale behind such doctrine was explained way back in 1957 in Erezo vs Jepte.

The principle upon which this doctrine is based is that in dealing with vehicles registered under the Public Service Law, the public has the right to assume or presume that the registered owner is the actual owner thereof, for it would be difficult for the public to enforce the actions that they may have for injuries caused to them by the vehicles being negligently operated if the public should be required to prove who the actual owner is. How would the public or third persons know against whom to enforce their rights in case of subsequent transfers of the vehicles? We do not imply by his doctrine, however, that the registered owner may not recover whatever amount he had paid by virtue of his liability to third persons from the person to whom he had actually sold, assigned or conveyed the vehicle.

Hope this helps.

Atty. Mary Antonnette M. Baudi