FACTS:

The facts of the case are as follows: On July 19, 1994, at around 4:00 p.m., Bithuel Macas, a 15-year-old high school student, was standing on the shoulder of the road at the intersection of Buhangin and San Vicente Streets in Davao City. He was approximately two and a half meters away from Rosalinda Palero, an eyewitness, when he was bumped and run over by a Ford Fiera driven by Chona C. Cimafranca. Palero and another unidentified person immediately came to Macas' rescue and told Cimafranca to take him to the hospital. Macas was rushed to the Davao Medical Center where he had to undergo amputation of both legs up to the groins due to severe injuries. The Ford Fiera was registered in the name of Atty. Medardo Ag. Cadiente, who claimed that he had already sold the vehicle to Engr. Rogelio Jalipa prior to the accident. Cadiente filed a third-party complaint against Jalipa, who claimed that he sold the vehicle to Abraham Abubakar. Samuel Macas, Bithuel's father, filed a complaint for torts and damages against Cimafranca and Cadiente. The Regional Trial Court (RTC) held Cadiente and Jalipa jointly and severally liable for damages to Macas and ordered them to pay various amounts. On appeal, the Court of Appeals affirmed the decision of the RTC, which led Cadiente to appeal to the Supreme Court.

ISSUES:

1. Whether there was contributory negligence on the part of the victim

2. Whether the petitioner and third-party defendant Jalipa are jointly and severally liable to the victim

RULING:

1. The Court held that there was no contributory negligence on the part of the victim. The victim was standing on the shoulder of the road, which was intended for pedestrian use alone. The Ford Fiera, driven by Cimafranca, recklessly swerved to the shoulder and hit the victim. The victim cannot be expected to have foreseen that the vehicle would suddenly swerve and run him over. Therefore, the petitioner's contention of contributory negligence is rejected.

2. The Court held that the petitioner, as the registered owner of the Ford Fiera at the time of the accident, is primarily liable for the injury caused by the vehicle. Even if he had already sold the vehicle to Jalipa, the registered owner of the vehicle is still responsible for any damage or injury it may cause. The policy behind vehicle registration is to easily identify the owner who can be held responsible in case of accidents. Therefore, the petitioner cannot escape liability for the permanent injury caused to the victim.

PRINCIPLES:

• Contributory negligence - a plaintiff who is partly responsible for his own injury should not be entitled to recover damages in full, but must proportionately bear the consequences of his own negligence. The defendant is held liable only for the damages actually caused by his negligence.

• Primarily liability of registered owner - the registered owner of any vehicle, even if he had already sold it to someone else, is primarily responsible to the public for whatever damage or injury the vehicle may cause. This is to ensure that victims of accidents can easily identify and hold the owner accountable.