Montecalvo v. Tan
This is a civil case (G.R. No. 241941, First Division) decided on December 5, 2018. The Supreme Court denied the petition filed by Rossini J. Montecalvo due to being filed beyond the extended period and for failure to show any reversible error in the assailed ruling. Montecalvo, as the registered owner of the motor vehicle involved in the accident, was held solidarily liable for the civil damages for the death of Jhufel Reniel Ferraren Velasco. The Court upheld the earlier decisions of the Court of Appeals and Municipal Trial Court in Cities, reaffirming the principle that the registered owner of a motor vehicle can be held primarily liiable for the torts committed by the driver under Article 2176 and 2180 of the Civil Code. The Supreme Court also directed the Cash Collection and Disbursement Division to return the excess payment for legal fees to Montecalvo.
ADVERTISEMENT
FIRST DIVISION
[G.R. No. 241941. December 5, 2018.]
ROSSINI J. MONTECALVO, petitioner,vs. IMELDA FERRAREN TAN, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated December 5, 2018 which reads as follows:
"G.R. No. 241941 (Rossini J. Montecalvo v. Imelda Ferraren Tan). — The Court resolves to DENY the petition for being filed beyond the extended period.
In any case, after review, the Court resolves to deny the petition for failure of petitioner to show any reversible error in the assailed ruling. Petitioner was accorded due process as she was able to appeal the Decision of the Municipal Trial Court in Cities to the Regional Trial Court and the Court of Appeals. The courts a quo correctly found petitioner solidarily liable with Nestor Lou Montecalvo for the payment of civil damages for the death of Jhufel Reniel Ferraren Velasco. Case law teaches that in case of motor vehicle mishap, the registered owner of the motor vehicle is considered as the employer of the tortfeasor-driver, and is made primarily liable for the tort committed by the latter under Article 2176, in relation to Article 2180, of the Civil Code. Here, it is undisputed that petitioner is the registered owner of the motor vehicle involved in the accident.
WHEREFORE, premises considered, the petition is DENIED. The November 23, 2017 Decision and August 14, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 06192-MIN are hereby AFFIRMED.
The Cash Collection and Disbursement Division is hereby DIRECTED to RETURN to petitioner the excess payment for the legal fees in the amount of P170.00 under O.R. No. 0224930-SC-EP dated October 1, 2018.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
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