Kotseng Binenta Napurnada

Here is the case were the previous owner of a registered vehicle was made liable even after he sold it.


Facts:

Angel is the registered owner of a nissan terrano. She sold it to Robin and turned over to him the Certificate of Registration (CR) as well its Official Receipt (OR) with the understanding that Robin would be the one to cause the transfer of the registration.

Thereafter, the vehicle was figured in an accident whereby a passersby was bumped and run over by this nissan terrano, which at the time of the accident was driven by Robin's friend Bamby. Bamby had since absconded and disappeared. Records showed that the nissan terrano remained registered in Angel's name. The family of the victim sued Robin and Angel for damages.

In his defense, Angel argued that when the accident happpened, he was no longer the owner of the vehicle for he had sold it to Robin.

Question:

Can the victim of motor vehicle accident run after its registered owner even after it was sold to another?

Answer:

Yes, victims of reckless imprudence can run after the registered owner of a motor vehicle even though it was sold already to another person so long that he remained to be its registered owner.

In Cadiente v. Macas, The Supreme Coourt had the occasion to reiterate its ruling in PCI Leasing and Finance, Inc. vs. UCPB holding that 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. It explained that:

" were a registered owner allowed to evade responsibility by proving who the supposed transferee or owner is, it would be easy for him, by collusion with others or otherwise, to escape said responsibility and transfer the same to an indefinite person or to one who possess no property with which to respond financially for the damage or injury done. A victim of recklessness on the public highways is usually wihtout means to discover or identify the person actually causing the injury or damage. He has no means other than recourse to the registration in the Motor Vehicle Office to determine who is the owner. The protection that the law aims to extend to him would become illusory were the registered owner given the opportunity to escape liability by disproving his ownership." (Cadiente vs. Macas, G.R. No. 161946, Nov. 14, 2008; citing PCI case, G.R. No. 162267,July 4, 2008)