TITLE: DY TEBAN TRADING, INC., v.

JOSE CHING

TOPIC: Civil liability arising from crimes

PRINCIPLE: The test of negligence is objective. We measure the act or omission of the
tortfeasor with that of an ordinary reasonable person in the same situation. 

FACTS:

Due to a tire blowout, a car parked the prime mover improperly by occupying a portion
of the national highway on the lane of the passenger bus. The bus saw the parked
prime mover and tried to swerve to the right on the lane of the approaching van owned
by Dy Teban Trading, being driven their driver and helper.

The van tried to avoid the fast approaching passenger bus which led to its collision to
the parked prime mover leading to the injury to Ortiz and Catamora who suffered minor
injuries. As a result, the van was totally wrecked and inoperable.

ISSUE:

Whether or not prime mover driver was liable for damages for being negligent in parking
their vehicle.

Decision:

Yes. The Court ruled that the accident rooted from the failure of implementation of basic
safety standards, particularly the law on early warning devices. This applies even more
to trucks and big vehicles, which are prone to mechanical breakdown on the national
highway. The law, as crafted, requires vehicles to be equipped with triangular
reflectorized plates. Accordingly, The prime mover truck in this case should not have
been granted registration because it failed to comply with the minimum safety features
required for vehicles on the road