PRIMARY LIABILITY
Oscar del Carmen Jr. v Geronimo Bacoy
GR No. 17738770
 April 25, 2012
Facts: Spouses Monsalud and their daughter died from being run over by a jeepney
driven by a certain Allan Maglasang. The jeepney was owned by Oscar del Carmen Jr.
 Allan was declared guilty beyond reasonable doubt in a criminal case while the father of
the late Mrs. Monsalud, Geronimo Bacou filed an independent civil action againt the
former in behalf of the minor children left by the Monsalud spouses. Del Carmen Jr.
claimed he was a victim as well as Allan stole the jeep and was not hired as a driver by
the former; he was a conductor (and had been released from employment lately) and it
was the brother of Allan, Rodrigo who was hired as a driver. Del Carmen Jr. filed a
carnapping case against Allan but was dismissed by the court for insufficient evidence.
RTC held del Carmen Jr. subsidiary liable and held the doctrine of res ipsa loquitur. The
CA adjudged Oscar Jr. liable to the heirs of the victims based on the principle that the
registered owner of a vehicle is directly and primarily responsible for the injuries or death of
third parties caused by the operation of such vehicle. It
disbelieved Oscar Jr.’s defense that
the jeep was stolen not only because the carnapping case filed against Allan and his
companions was dismissed but also because, given the circumstances, Oscar Jr. is deemed to
have given Allan the implied permission to use the subject vehicle because the brothers were
assigned to said jeep. After a day’s work, the jeepney would be parked beside the brothers’
house and not returned to del Carmen’s residence; the jeep could easily be started even
without the use of an ignition key; the said parking area was not fenced or secured to prevent
the unauthorized use of the vehicle which can be started even without the ignition key.
Issue: W/N owner of vehicle is directly and primarily liable for injuries caused by the
operation of such
Held: Del Carmen Jr. was held to be primarily liable and not merely subsidiary liable.
Del Carmen Jr.’s own evidence cast doubt that Allan stole the jeepney. Given the
dismissal of the carnapping case filed by del Carmen Jr. against Allan, the former also
admitted to such dismissal in the SC. Under the doctrine of
res ipsa loquitur 
, “w
here the
thing that caused the injury complained of is shown to be under the management of the
defendant or his servants; and the accident, in the ordinary course of things, would not happen
if those who had management or control used proper care, it affords reasonable evidence
 –
 in
the absence of a sufficient, reasonable and logical explanation by defendant
 –
 that the accident
arose from or was caused by the defendant’s want of care. All three are present in the cas
e at
bar.