Gilberto M. Duavit vs. Court of Appeals, G.R. No. 82318, [Case Digest]

Gilberto M. Duavit vs. Court of Appeals,

G.R. No. 82318, May 18, 1989

Facts:

            On July 28, 1971 plaintiffs Antonio Sarmiento, Sr. and Virgilio Catuar were aboard a jeep with plate number 77-99-F-I Manila, 1971, owned by plaintiff, Ruperto Catuar was driving the said jeep on Ortigas Avenue, San Juan, Rizal; that plaintiff's jeep, at the time, was running moderately at 20 to 35 kilometers per hour and while approaching Roosevelt Avenue, Virgilio Catuar slowed down; that suddenly, another jeep with plate number 99-97-F-J Manila 1971 driven by defendant Oscar Sabiniano hit and bumped plaintiff's jeep on the portion near the left rear wheel.

            The plaintiffs have filed this case both against Oscar Sabiniano as driver, and against Gualberto Duavit as owner of the jeep. Defendant Gualberto Duavit, while admitting ownership of the other jeep (Plate No. 99-07-F-J Manila, 1971), denied that the other defendant (Oscar Sabiniano) was his employee. Duavit claimed that he has not been an employer of defendant Oscar Sabiniano at any time up to the present. Defendant Sabiniano, in his testimony, categorically admitted that he took the jeep from the garage of defendant Duavit without the consent or authority of the latter. He testified further, that Duavit even filed charges against him for theft of the jeep, but which Duavit did not push through as his (Sabiniano's) parents apologized to Duavit on his behalf.

 

Issue:

            Whether or not Duavit should be held liable for damages.

 

Held:

            NO. SC have ruled that an owner of a vehicle cannot be held liable for an accident involving the said vehicle if the same was driven without his consent or knowledge and by a person not employed by him. Thus, in Duquillo v. Bayot (67 Phil. 131-133-134) [1939]