Gutierrez vs Gutierrez

March 25, 2016

G.R. NO. 34840

FACTS

On February 2, 1930, a passenger truck and an automobile of private ownership

collided while attempting to pass each other on a bridge. The truck was driven by the
chauffeur Abelardo Velasco, and was owned by saturnine Cortez. The automobile was
being operated by Bonifacio Gutierrez, a lad 18 years of age, and was owned by
Bonifacio’s father and mother, Mr. and Mrs. Manuel Gutierrez. At the time of the
collision, the father was not in the car, but the mother, together with several other
members of the Gutierrez family were accommodated therein.

The collision between the bus and the automobile resulted in Narciso Gutierrez
suffering a fractured right leg which required medical attendance for a considerable
period of time.

ISSUE

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

HELD

Bonifacio Gutierrez’s obligation arises from culpa aquiliana. On the other hand,
Saturnino Cortez’s and his chauffeur Abelardo Velasco’s obligation rise from culpa
contractual.

The youth Bonifacio was na incompetent chauffeur, that he was driving at an excessive
rate of speed, and that, on approaching the bridge and the truck, he lost his head and
so contributed by his negligence to the accident. The guaranty given by the father at the
time the son was granted a license to operate motor vehicles made the father
responsible for the acts of his son. Based on these facts, pursuant to the provisions of
Art. 1903 of the Civil Code, the father alone and not the minor or the mother would be
liable for the damages caused by the minor. The liability of Saturnino Cortez, the owner
of the truck, and his chauffeur Abelardo Velasco rests on a different basis, namely, that
of contract.
Advertisements