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Caedo v. Yu Khe Thai

LIST of TEMP CLOSED EMPLOYERS as of December - PhilHealth

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Description

Caedo v

Yu Khe Thai G

L-20392

December 18,

Petitioners: Marcial T

Juana Caedo and their children,

riding in the Mercury Car Respondents: Yu Khe Thai (owner of car),

Rafael Bernardo (driver),

in a Cadillac Norberto Quisumbing for Petitioners

De Joya,

Dimaguila,

Hermoso & Divino for private respondents

Facts: At 5:30 in the morning,

on Highway 54 (now EDSA) in the vicinity of San Lorenzo Village,

Marcial Caedo was driving his Mercury car from QC to the airport (southbound) to bring his son who was going to Mindoro

Coming from the opposite direction was the Cadillac of Yu Khe Thai,

going to Wack Wack from Parañaque (northbound

) Considering there was no traffic at that time,

both cars were traveling a fairly moderate speeds—Caedo at 40-50kph,

Bernardo 48-56kph

In front of the car of Bernardo and Yu Khe Thai was a carretela going in the same direction

The carretela was towing another horse by means of a short rope coiled around the carretela’s post

The carretela had two lights,

Bernardo,

instead of slowing down or stopping behind the carretela,

veered to the left in order to pass

As he did,

his car caught the rim of the carretela’s left wheel,

wrenching it off and carrying it along as the car skidded to the other land,

tried to avoid the collision by going farther to the right,

Caedo and the members of his family were injured because of the accident,

so they filed this suit for recovery of damages from Bernardo and Yu Khe Thai

Issue/s: 1

Who was responsible for the accident

If it was Bernardo,

Yu Khe Thai solidarily liable with him

Bernardo in the Cadillac

The collision was directly traceable to Bernardo’s negligence

He tried to beat Caedo’s car or squeeze between Caedo’s car and the carretela

He should have known that passing the carretela was a risky maneuver,

The first clear indication of his negligence was his claim that he was almost upon the carretela when he saw it in front of him,

The carretela had two lights,

which should have given him sufficient warning to take necessary precaution

Even if he claims he didn’t see the lights of the carretela,

the carretela should have been visible to him if he had been careful,

as it must have been in the beam of his headlights

Yu Khe Thai cannot be held solidarily liable with Bernardo

Art 2184

In motor vehicle mishaps,

the owner is solidarily liable with his driver,

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

Under Art

if the causative factor was the driver’s negligence,

the owner of the vehicle who was present is likewise held liable if he could have prevented the mishap by the exercise of due diligence

However,

Underwood: (important) An owner who sits in his automobile,

and permits his driver to continue in a violation of the law by the performance of negligent acts,

after he has had a reasonable opportunity to observe them and to direct that the driver cease therefrom,

becomes himself responsible for such acts,

for the results produced by the acts of the chauffeur

On the other hand,

by a sudden act of negligence,

and without the owner having a reasonable opportunity to prevent the act or its continuance,

injures a person or violates the criminal law,

although present therein at the time the act was

The act complained of must be continued in the presence of the owner for such a length of time that the owner,

The basis of the master's liability in civil law is the relationship of paterfamilias

The theory is that ultimately the negligence of the servant,

if known to the master and susceptible of timely correction by him,

reflects his own negligence if he fails to correct it in order to prevent injury or damage

In this case,

Bernardo has been Yu Khe Thai’s driver for around 20 years prior to the accident and Bernardo has had no record of violation of traffic laws and regulations

No negligence for having employed by him at all may be imputed to his master

The car was not running at an unreasonable speed

Yu Khe Thai had reason to rely on the skill and experience of his driver

The time element was such that there was no reasonable opportunity for Yu Khe Thai to assess the risks involved and warn the driver accordingly

According to Yu Khe Thai,

he thought that if he sounded a sudden warning it might only make this driver nervous and make the situation worse

The test of imputed negligence under Art

2184 is,

Car owners are not held to a uniform and inflexible standard of diligence as are professional drivers

The test of his (the car owner’s) negligence,

is his omission to do that which the evidence of his own senses tells him he should do in order to avoid the accident