Demanding payment for damages over a motorcycle accident

Dear PAO,

My 14-year-old-daughter was caught in a vehicular accident with a vehicle driven by a 17-year-old-kid. I found out that the registered owner of the motorcycle is our neighbor, Ricky. My daughter will undergo a series of serious operations. I am wondering if I can demand payment for hospital bills from Ricky. Will Ricky, being the owner of the vehicle, be liable for all our expenses Nimfa

Dear Nimfa, Yes, you may demand payment for damages. Based on the above circumstance, it is certain that Ricky is the registered owner of the vehicle, which caused injury to your daughter, and it is on the basis of this fact that Ricky is primarily and directly liable for damages over your daughter’s accident.

While it is a well- settled rule that a person will generally be held liable only for tortious act committed by himself, not by another person, as this is clearly

provided in Article 2176 of the Civil Code of the Philippines, to wit:

“Article 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay

for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi- delict and is governed by the provisions of this chapter.” (Emphasis supplied)

There are instances, however, wherein the law specifies persons who are liable for acts committed by another. One of which is in the case of FEB Leasing and Finance Corporation vs.

Spouses Sergio P. Bay lon( G. R. No. 181398, June 29, 2011; ponente, Associate Justice Antonio Carpio), where the Supreme Court explained:

“[W] ith respect to the public and third persons, the registered owner of a motor vehicle is directly and primarily responsible for the consequences of its operation regardless of who the actual vehicle owner might be. Well settled is the rule that the registered owner of the vehicle is liable for quasi- delicts resulting from its use. Xxx The compulsory motor vehicle registration underscores the importance of registering the vehicle in the name of the actual owner.”

Thus, applying the forego- ing to your situation, you may claim for damages against the registered owner of the motor vehicle for the injuries suffered by your daughter because of the negligent act of the former.

that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.