- Statute
- Civil Code
- Article
- Art. 2184
- Topic
- Quasi-delicts
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE XVII EXTRA-CONTRACTUAL OBLIGATIONS
- Chapter
- CHAPTER 2 Quasi-delicts
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months. If the owner was not in the motor vehicle, the provisions of article 2180 are applicable. (n)
Intellegal Wiki · In plain terms
In vehicle accidents, an owner who is riding in the vehicle shares full liability with the driver if he could have prevented the mishap through due diligence. A driver is presumed negligent if convicted of reckless driving or traffic violations at least twice in the preceding two months; if the owner was not aboard, the general employer-liability rule applies instead.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Pedro de Belen v. Virginia Gebe Fuchs, the Supreme Court held: Affirmed the CA with modification; a vehicle owner present in the vehicle is solidarily liable with the negligent driver under Article 2184 (not vicariously under Article 2180), with damages at 6% interest from finality.
One leading Supreme Court case applying this provision.
Cases applying this article
- Pedro de Belen v. Virginia Gebe Fuchs G.R. No. 258557
- Spouses Emilio Mangaron, Jr. v. Hanna Via Design & Construction G.R. No. 224186