NARCISO GUTIERREZ, Plaintiff-Appellee, vs. BONIFACIO GUTIERREZ, MARIA V. DE GUTIERREZ,
MANUEL GUTIERREZ, ABELARDO VELASCO, and SATURNINO CORTEZ, Defendants-Appellants.
G.R. No. 34840,
September 23, 1931
Plaintiff-Appellee- Narciso Gutierrez
Defendants-Appellants-. Bonifacio Gutierrez, Maria V. De Gutierrez, Manuel Gutierrez, Abelardo
Velasco, And Saturnino Cortez
Facts
a)
On February 2, 1930, a passenger truck and a private automobile crashed on the Talon
bridge on the Manila South Road in the municipality of Las Piñas, Province of Rizal, while
attempting to pass one another.
b)
Saturnino Cortez owned the truck, which operated by a chauffeur Abelardo Velasco.
c)
Mr. Manuel Guitierrez and Mrs. Gutierrez's car was driven by their child Bonifacio
Gutierrez, an 18-year-old teenager.
d)
Narciso Gutierrez, a passenger on the bus was traveling from San Pablo Laguna to
Manila had a fractured right leg as a result of the collision between the passenger track and the
automobile, which need medical attention for a long time and which does not appear to have
healed correctly as of the date of the trial.
Issue
Wheater or not the father, Manuel Guiterrez is liable for his son's acts of negligence.
Ruling
Mr. Manuel Guiterrez, the vehicle's owner and the head of a household, is liable for the
negligent operation of the vehicle. The father who permits or lets his child to use the
automobile makes him liable for his son's behavior. Under the terms of Article. 1903 of the Civil
Code, the father alone, not the minor or the mother, are responsible for the minor's damages.