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Gilberto M. Duavit vs. Court of Appeals, etal.

GILBERTO M. DUAVIT, petitioner, vs. THE HON. COURT OF APPEALS, Acting through the Third Division, as Public Respondent, and ANTONIO SARMIENTO, SR. & VIRGILIO CATUAR, respondents.

G.R. No. 82318 | 1989-05-18

D E C I S I O N


GUTIERREZ, JR., J.:

This petition raises the sole issue of whether or not the owner of a private vehicle which figured in an accident can be held liable under Article 2180 of the Civil Code when the said vehicle was neither driven by an employee of the owner nor taken with the consent of the latter.

The facts are summarized in the contested decision, as follows:

"From the evidence adduced by the plaintiffs, consisting of the testimonies of witnesses Virgilio Catuar, Antonio Sarmiento, Jr., Ruperto Catuar, Jr. and Norberto Bernarte it appears that on July 28, 1971 plaintiffs Antonio Sarmiento, Sr. and Virgilio Catuar...