Dear PAO,

I was crossing an intersection when another car on the other side hit the left portion of my vehicle. The traffic patrol officer of a nearby mall told us that the driver of the other car was at fault for trying to beat the red light. However, I later discovered that the driver had recently bought the car from its original owner, and he told me that the car registration was still under the name of the previous owner. Can I sue the original owner of the vehicle for damages since it is still registered in his name?

Anthony

Dear Anthony,

“The main aim of motor vehicle registration is to identify the owner so that if any accident happens, or that any damage or injury is caused by the vehicles on the public highways, responsibility, therefore, can be fixed on a definite individual, the registered owner. Instances are numerous where vehicles running on public highways caused accidents or injuries to pedestrians or other vehicles without positive identification of the owner or drivers, or with very scant means of identification.” (Erezo v. Jepte, GR L-9605, Sept. 30, 1957, Ponente: Associate Justice Alejo Labrador)

In your case, you mentioned that the driver of the vehicle still needs to transfer the car under his name. Hence, under the Registered Owner Rule, you may file a complaint for damages against the original owner of the vehicle whose name appears on the car registration certificate. It is not a defense insofar as you are concerned that the vehicle had already been sold to the new owner, although it was the new owner himself, or someone authorized by him who was driving the vehicle at the time of the accident.

In the case of Equitable Leasing Corporation v. Suyom (GR 143360, Sept. 5, 2002, Ponente: Associate Justice Arturo Brion) elucidated: “The Court has consistently ruled that regardless of sales made of a motor vehicle, the registered owner is the lawful operator insofar as the public and third persons are concerned; consequently, it is directly and primarily responsible for the consequences of its operation. In contemplation of law, the owner/operator of record is the employer of the driver, the actual operator and employer being considered as merely its agent. The same principle applies even if the registered owner of any vehicle does not use it for public service. Since Equitable remained the registered owner of the tractor, it could not escape primary liability for the deaths and the injuries arising from the negligence of the driver.”

Although this rule might be unfair or unjust to the previous registered owner, it is not left without recourse. The previous owner may file a cross-claim against the new owner to seek reimbursement. A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may cover all or part of the original claim. (Section 8, 2019 Amendments to the 1997 Rules of Civil Procedure)

We hope that we were able to answer your queries. This advice is 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.

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]