Case Digest (G.R. No. 128705)
Facts:
Conrado Aguilar, Sr. v. Commercial Savings Bank and Ferdinand Borja, G.R. No. 128705, June 29, 2001, Supreme Court Second Division, Quisumbing, J., writing for the Court.Petitioner Conrado Aguilar, Sr. sued respondents Commercial Savings Bank (the bank) and Ferdinand G. Borja after his son, Conrado Aguilar, Jr., was fatally struck by a Lancer automobile registered in the name of the bank and driven by Borja. The accident occurred on September 8, 1984, about 11:15 P.M., along Zapote‑Alabang Road when the Lancer overtook a passenger jeepney and hit Aguilar and a companion; Aguilar was pronounced dead on arrival at the hospital.
Petitioner filed a complaint for damages on July 29, 1985 in the Regional Trial Court (RTC) of Makati, Branch 59. Borja did not answer within the reglementary period and was declared in default. At trial the bank admitted that the Lancer was registered in its name; petitioner produced evidence of Borja’s negligent driving. On June 14, 1991, the RTC rendered judgment finding both defendants jointly and severally liable and awarding actual expenses, moral damages, loss of earning capacity, attorney’s fees and costs; it ordered Borja to indemnify the bank on its cross‑claim and found Borja was an assistant vice‑president, applying Article 2180 of the Civil Code.
The bank appealed to the Court of Appeals (CA). The CA reversed as to the bank, dismissing the complaint against it on the ground that petitioner failed to prove that Borja was acting in the performance of duties entrusted to him by the bank at the time of the accident; the CA therefore concluded the bank lacked vicarious liability under Article...(Subscriber-Only)
Issues:
- Is the registered owner of a motor vehicle (here, Commercial Savings Bank) primarily liable for damages caused by the operation of that vehicle, despite the absence of proof that the driver was acting within the scope...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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