CASE 1- Tal - FIRST CASE DIGESTION PDF

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[CASE DIGEST] NARCISO GUTIERREZ,vs.BONIFACIO GUTIERREZ, MARIA V. DE GUTIERREZ, MANUEL GUTIERREZ, ABELARDO VELASCO, and SATURNINO CORTEZ[G.R. No. 34840, September 23, 1931] [Facts] On February 2, 1930, a passenger truck and an automobile of private ownership collided while attempting to pass each other on the Talon Bridge on the Manila South Road. The truck was driven by the chauffeur Abelardo Velasco, and was owned by Saturnino Cortez. The automobile was being operated by Bonifacio Gutierrez, a lad 18 years of age, and was owned by Bonifacio’s father and mother, Mr. and Mrs. Manuel Gutierrez. At the time of the collision, the father was not in the car, but the mother, together will several other members of the Gutierrez family were accommodated therein. A passenger in the auto bus, by the name of Narciso Gutierrez, was en route from San Pablo, Laguna, to Manila. Due to vehicle collision, plaintiff Narciso Gutierrez, a truck passenger, suffered a fractured right leg. At the date of the trial, such injury has not yet healed properly. [Issue] Whether to make Bonifacio Gutierrez, Abelardo Velasco and Saturnino Cortez responsible or not, but as it has been pointed out in the facts that it began with the speeding of Bonifacio Gutierrez, he was considered his father to be held accountable. Velasco and Cortez additionally defended that Narciso Guttierez is likewise negligent. He holds on placing his foot outdoor the truck, which caused Injury. [Ruling] The head of a house, the owner of an automobile, who maintains it for the general use of his family, is liable for its negligent operation by one of his children. We are dealing with the civil law liability of parties for obligations which arise from fault or negligence. As the provisions of article 1903 of the Civil Code, the father alone and not the minor or the mother, would be liable for the damages caused by the minor, whom he designates or permits to run it, where the car is occupied and being used at the time of the injury for the pleasure of other members of the owner’s family than the child driving it. The damages have been deemed too immoderate however; consequently the judgment turned into changed and the damage reduced. Judgment appealed from modified; defendants are mutually and severally accountable for the sum of P5,000 and the cost of each instances, in accordance with the aforementioned rulings....