Friday, February 3, 2012

Registered owner is liable

Orix Metro Leasing and Finance Corp (Formerly Consolidated Orix Leasing and Finance Corp)

"x x x.

Orix cannot point fingers at the alleged real owner to exculpate itself from vicarious liability under Article 218047 of the Civil Code. Regardless of whoever Orix claims to be the actual owner of the Fuso by reason of a contract of sale, it is nevertheless primarily liable for the damages or injury the truck registered under it have caused. It has already been explained:


Were a registered owner allowed to evade responsibility by proving who the supposed transferee or owner is, it would be easy for him, by collusion with others or otherwise, to escape said responsibility and transfer the same to an indefinite person, or to one who possesses no property with which to respond financially for the damage or injury done. A victim of recklessness on the public highways is usually without means to discover or identify the person actually causing the injury or damage. He has no means other than by a recourse to the registration in the Motor Vehicles Office to determine who is the owner. The protection that the law aims to extend to him would become illusory were the registered owner given the opportunity to escape liability by disproving his ownership. x x x48



Besides, the registered owners have a right to be indemnified by the real or actual owner of the amount that they may be required to pay as damage for the injury caused to the plaintiff,49 which Orix rightfully acknowledged by filing a third-party complaint against the owner of the Fuso, Manuel.


x x x."