Dear PAO,

I am just concerned about the growing number of self-driving cars in our country. May I know who will bear the responsibility in case of accident to other persons or damage to property? Thank you.

Chik

Dear Chik,

Self-driving cars, also known as autonomous or driverless cars, are vehicles of navigating and operating without human intervention. They use a combination of sensors, cameras, radar, and artificial intelligence to perceive their surroundings and make driving decisions, eliminating the need for a human driver.

In the Philippines, the popularity of electric and self-driving cars is gradually increasing. Given the heavy traffic congestion in the country, there exists a growing demand among Filipino motorists for the convenience of resting while in transit. This was made possible by technological advancements of a self-driving vehicle.

In the case of traditional vehicles, responsibility for road accidents is generally imputed to the driver. With respect to self-driving cars, there are presently no specific laws or regulations that directly address its liability. However, the laws on torts and damages under the Civil Code may be applied to hold the registered owner of the vehicle liable.

Pursuant to Article 2176 of the said Code on quasi-delict, any person who, by act or omission, causes damage to another through fault or negligence shall be held liable to indemnify the injured party. Moreover, several rulings of the Supreme Court provide that the obligation to indemnify is demandable not only for one’s own acts or omissions but also for those of persons for whom one is responsible, including employees and those operating under a person’s direction or control, following Article 2180 of the same Code.

Moreover, in cases of motor vehicle mishaps, the registered owner rule applies. Under the registered owner rule, the registered owner of a motor vehicle whose operation causes injury to another is legally liable to the latter. “It is well settled that in case of motor vehicle mishaps, the registered owner of the motor vehicle is considered as the employer of the tortfeasor-driver, and is made primarily liable for the tort committed by the latter under Article 2176, in relation with Article 2180, of the Civil Code. (Metro Manila Transit Corporation vs. Reynaldo Cuevas and Junnel Cuevas, G.R. No. 167797, 15 June 2015, penned by Honorable Chief Justice Lucas P. Bersamin)

Applying the foregoing, the actual or registered owner of a self-driving vehicle may be held liable for damages arising from the use of said vehicle, regardless of the absence of a human driver controlling it at the time of the incident. Accordingly, liability may be imposed upon the vehicle owner under the doctrine of culpa aquiliana or quasi-delict, unless it can be sufficiently shown that the damage was exclusively due to fortuitous event or the fault of a third party.

In light of the foregoing, the law on torts and damages under the Civil Code may apply in cases involving accidents or damages caused by self-driving cars. Nevertheless, there is a need to enact or amend existing laws to address the emerging complexities brought about by technological advancements. It is likewise important to promote public awareness regarding the capabilities and limitations of self-driving cars technology to ensure its safe and responsible use.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]