COMMERCIAL LAW/TRANSPORTATION LAW REVIEWER FOR THE 2013 BAR EXAMS - TopicsExpress



          

COMMERCIAL LAW/TRANSPORTATION LAW REVIEWER FOR THE 2013 BAR EXAMS ; NOTES: Erezo v. Jepte, The Honorable Supreme Court succinctly laid down a guiding rule: 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 vehicle on the public highways, responsibility therefor 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. It is to forestall these circumstances, so inconvenient or prejudicial to the public, that the motor vehicle registration is primarily ordained, in the interest of the determination of persons responsible for damages or injuries caused on public highways. x x x 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, or otherwise, to escape said responsibility and transfer the same to an indefinite person, or to one who possesses no property with which to respond financially for the damage or injury done. A victim of recklessness on the public highways is usually without means to discover or identify the person actually causing the injury or damage. He has no means other than by a recourse to the registration in the Motor Vehicles 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. If the policy of the law is to be enforced and carried out, the registered owner should not be allowed to prove the contrary to the prejudice of the person injured, that is to prove that a third person or another has become the owner, so that he may be thereby be relieved of the responsibility to the injured person..(2013 TACORDA BIDO BERNABE DE LA VEGA & NAPAY-LITUSQUEN 5200).
Posted on: Tue, 20 Aug 2013 07:59:17 +0000

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