Case Digest (G.R. No. L-12245)
Facts:
Felicidad Francisco v. Carmelino de la Serna and Southern Motors, Inc., G.R. No. L-12245, August 31, 1959, the Supreme Court En Banc, Labrador, J., writing for the Court.Plaintiff-appellant Felicidad Francisco sued defendants Carmelino de la Serna and Southern Motors, Inc. to recover P5,000 for damages allegedly sustained when the truck in which she was riding was involved in a collision. The action was framed as one for breach of contract of carriage and for physical injuries resulting from the accident.
At trial before the Court of First Instance of Negros Occidental (Hon. Jose F. Fernandez, presiding), the court found that the truck owned or operated by Carmelino de la Serna, in which plaintiff was embarked, was at a complete stop when another truck bearing plate No. A-659, driven by Vicente Fernandez, came zig-zagging and struck the front of De la Serna’s truck. The trial court further found that plate No. A-659 had been issued to Southern Motors, Inc., but that the vehicle bearing it had been sold by Southern Motors, Inc., Bacolod Branch, to Roberto Bolneo on August 8, 1955, and that Bolneo mortgaged the truck back to Southern Motors on the same date. The sale had been reported by Southern Motors to the Motor Vehicles Office on August 31, 1955, yet Bolneo failed to register the vehicle in his name and continued using the vendor’s plate.
The trial court concluded that Bolneo was the actual owner of the truck at the time of the collision and the employer of the driver Vicente Fernandez, and therefore dismissed the action against Southern Motors, Inc. As to Carmelino de la Serna, applying precedents holding a carrier liable only when it or its employees fail to exercise reasonable diligence (the court cited Lasam v. Smith and Gillaco v. Manila Railroad Co.), the trial court dismissed the claim against De la Serna because his vehicle was parked and was struck by a third vehicle.
The plaintiff appealed to the Supreme Court. On appeal the appellant contended that despite the...(Pro-only)
Issues:
- Can Southern Motors, Inc. be held liable as the owner of the truck that bore its dealer plate although it had sold the truck to Roberto Bolneo and reported the sale to the Motor Vehicles Office?
- Was carrier Carmelino de la Serna liable to plaintiff under the contract of carriage where his truck was parked and wa...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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