Arturo sold his Pajero to Benjamin for P1 Million. Benjamin took the vehicle but did not register the sale with the Land Transportation Office. He allowed his son Carlos, a minor who did not have a driver’s license, to drive the car to buy pan de sal in a bakery. On the way, Carlos, driving in a reckless manner, sideswiped Dennis, then riding a bicycle. As a result, he suffered serious physical injuries. Dennis filed a criminal complaint against Carlos for reckless imprudence resulting in serious physical injuries.
1. Can Dennis file an independent civil action against Carlos and his father Benjamin for damages based on quasi-delict? Explain. 2.5%
2. Assuming Dennis’ action is tenable, can Benjamin raise the defense he is not liable because the vehicle is not registered in his name? Explain. 2.5%
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1 comment:
XIII.
1.
Yes. The Civil Code provides that in cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party.
2.
No. Whether or not Benjamin is the registered owner of the vehicle is immaterial. His liability is based on Article 2180 of the Civil Code which provides that the father is responsible for the damages caused by the minor children who live in their company.
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