G.R. No.

34840           September 23, 1931

NARCISO GUTIERREZ, plaintiff-appellee, 
vs.
BONIFACIO GUTIERREZ, MARIA V. DE GUTIERREZ, MANUEL
GUTIERREZ, ABELARDO VELASCO, and SATURNINO CORTEZ, defendants-
appellants

I. FACTS ABOUT THE CASE

a. A passenger truck and a car collided while passing each other on a bridge in Las
Pinas, Province of Rizal. The truck driver was Abelardo Velasco which was
owned by Saturnino Cortez.
b. The car was driven by Bonifacio Gutierrez, 18, and owned by his parents, Mr. and
Mrs. Manuel Gutierrez. The father was not in the car when the accident occurred,
but the mother and several other members of the family (7 in all) were present.
c. Narciso Gutierrez, who was a passenger of Velasco en route from San Pablo,
Laguna to Manila, had incurred injuries (fracture right leg) due to the crash. He
needed medical attendance for a period of time and as the trial started, his leg
would not have yet healed properly.
d. Both were liable for simple negligence however Narciso blamed both parties
while said parties blamed each other.

II. ISSUE RAISED ABOUT THE CASE

a. Whether or not both the driver of the truck and automobile are liable for damages
and compensation due to their negligence. What are the legal obligations of the
defendants?

III. JURISDICTION
Decision of the Lower Court/Regional Court
This is an action brought by the plaintiff in the Court of First Instance of
Manila against the five defendants, to recover damages in the amount of P10, 000,
for physical injuries suffered as a result of an automobile accident. On judgment
being rendered as prayed for by the plaintiff, both sets of defendants appealed.
Defendants are guilty. Defendants Manuel Gutierrez, Abelardo Velasco,
and Saturnino Cortez are ordered to pay plaintiff jointly and severally, for the sum
of P5, 000, and the costs of both instances.

IV. PRINCIPLES
a. The law states that Manuel Gutierrez, the father, should be responsible for the
damages caused by Bonifacio Gutierrez, a minor, based on article 2180 of the Civil
 Code: "...the father, and, in case of his death or incapacity, the mother, are responsible
for the damages caused by the minor children who live in their company. "
b. The Law states that Bonifacio Gutierrez performed an act of Culpa Aquiliana/Quasi-
Delict based on Article 2176 of the Civil Code: "Whoever by act or omission causes
damage to another, there being fault or negligence is obliged to pay for the damage
done considering that there is no pre-existing contract."
c. From P10, 000 as the original amount of damages asked by the plaintiff, the court
mitigated it to P5, 000 and because Narcisco Gutierrez, as provided in the case, was
keeping his foot outside the truck which occasioned his injury, the law states that
there is a contributory negligence based on Article 2179: "When the plaintiff's own
negligence was the immediate and proximate cause of his injury, he cannot recover
damages. But if his negligence was only contributory, the immediate and proximate
cause of the injury being the defendants lack of due care, the plaintiff may recover
damages, but the courts shall mitigate the damages to be awarded."
d. The law states that both Saturnino Cortez, the truck owner, and his chauffeur
Abelardo Velasco are both liable based on Article 2180: "Employers shall be liable
for the damages caused by their employees and household helpers acting within the
scope of their assigned tasks, even though the former are not engaged in the business
or industry."
e. The law states that Manuel Gutierrez, Abelardo Velasco, and Saturnino Cortez are
jointly and severally liable for the sum of P5, 000 based on Article 2194: "The
responsibility of two or more persons who are liable for quasi-delict is solidary.”