Torts - A38 - Gelisan vs. Alday, 154 SCRA 388 (1987)

No. L-30212. September 30, 1987.
*
BIENVENIDO GELISAN, petitioner, vs. BENITO ALDAY, respondent.
Civil Law; Transportation; Motor Vehicles; Damages; A registered
owner of a public service vehicle is responsible for damages that
may arise from consequences incident to its operation or that may
be caused to any of the passengers therein
The Court has invariably held in several decisions that the
registered owner of a public service vehicle is responsible for damages
that may arise from consequences incident to its operation or that may
be caused to any of the passengers therein.
Same; Same; Same; Same; Franchise; If the properties covered by a
franchise is transferred or leased to another without the requisite
approval of the Public Service Commission, the transfer is not binding
upon the public and third persons.The claim of the petitioner that he is
not liable in view of the lease contract executed by and between him and
Roberto Espiritu which exempts him from liability to third persons, cannot
be sustained because it appears that the lease contract, adverted to,
had not been approved by the Public Service Commission. It is settled in
our jurisprudence that if the property covered by a franchise is
transferred or leased to another without obtaining the requisite approval,
the transfer is not binding upon the public and third persons.
Same; Same; Same; Same; Same; Same; Rationale for the rule.We
also find no merit in the petitioner's argument that the rule requiring the
previous approval by the Public Service Commission of the transfer or
lease of the motor vehicle, may be applied only in cases where there is
no positive identification of the owner or driver, or where there are very
scant means of identification, but not in those instances where the
person responsible for damages has been fixed or determined
beforehand, as in the case at bar. The reason for the rule we reiterate in
the present case, was explained by the Court in Montoya vs. Ignacio,
thus: The law really requires the approval of the Public Service
Commission in order that a franchise, or any privilege pertaining thereto,
may be sold or leased without infringing the certificate issued to the
grantee. The reason is obvious. Since a franchise is personal in nature
any transfer or lease thereof should be notified to the Public Service
Commission so that the latter may take proper safeguards to protect the
interest of the public. In fact, the law requires that, before the approval is
granted, there should be a public hearing, with notice to all interested
parties, in order that the Commission may determine if there are good
and reasonable grounds justifying the transfer or lease of the property
covered by the franchise, or if the sale or lease is detrimental to public
interest, Such being the reason and philosophy behind this requirement,
it follows that if the property covered by the franchise is transferred, or
leased to another without obtaining the requisite approval, the transfer is
not binding against the Public Service Commission and in contemplation
of law the grantee continues to be responsible under the franchise in
relation to the Commission and to the Public.
Same; Same; Same; Same; Registered owner has the right to be
indemnified for the amount he may be required to pay as damages
for the injury caused to a third person, since the lease contract
although not effective against the public is valid and binding
between the contracting parties.
Bienvenido Gelisan, the registered owner, is not however without
recourse. He has a right to be indemnified by Roberto Espiritu for the
amount that he may be required to pay as damages for the injury caused
to Benito Alday, since the lease contract in question, although not
effective against the public for not having been approved by the Public
Service Commission, is valid and binding between the contracting
parties.
Same; Same; Same; Same; Registered owner/operator of a public
service vehicle, is jointly and severally liable with the driver for
damages incurred by passengers or third persons as a
consequence of injuries sustained in the operation of said
vehicle.
We also find no merit in the petitioner's contention that his liability
is only subsidiary. The Court has consistently considered the registered
owner/operator of a public service vehicle to be jointly and severally
liable with the driver for damages incurred by passengers or third
persons as a consequence of injuries sustained in the operation of said
vehicles.
PETITION for certiorari to review the judgment of the Court of Appeals.
The facts are stated in the opinion of the Court.

PADILLA, J.:
Review on certiorari of the judgment** rendered by the Court of Appeals,

dated 11 October 1968, as amended by its resolution, dated 11
February 1969, in CA-G.R. No, 32670-R, entitled: "Benito Alday, plaintiffappellant, vs, Roberto Espiritu and Bienvenido Gelisan, defendantsappellees," which ordered the herein petitioner Bienvenido Gelisan to
pay, jointly and severally, with Roberto Espiritu, the respondent Benito
Alday the amount of P5,397.30, with. legal interest thereon from the
filing of the complaint, and the costs of suit; and for the said Roberto
Espiritu to pay or refund the petitioner Bienvenido Gelisan whatever
amount the latter may have paid to the respondent Benito Alday by
virtue of the judgment.
The uncontroverted facts of the case are, as follows:
"Defendant Bienvenido Gelisan is the owner of a freight truck bearing
plate No. TH-2377. On January 31, 1962, defendant Bienvenido Gelisan
and Roberto Espiritu entered into a contract marked Exhibit 3-Gelisan
under which Espiritu hired the same freight truck of Gelisan for the
purpose of hauling rice, sugar, flour and fertilizer at an agreed price of
P18.00 per trip within the limits of the City of Manila provided the loads
shall not exceed 200 sacks. It is also agreed that Espiritu shall bear and
pay all losses and damages attending the carriage of the goods to be
hauled by him. The track was taken by a driver of Roberto Espiritu on
February 1,1962. Plaintiff Benito Alday, a trucking operator, and who
owns about 15 freight trucks, had known the defendant Roberto Espiritu
since 1948 as a truck operator. Plaintiff had a contract to haul the
fertilizers of the Atlas Fertilizer Corporation from Pier 4, North Harbor, to
its Warehouse in Mandaluyong. Alday met Espiritu at the gate of Pier 4
and the latter offered the use of his truck with the driver and helper at 9
centavos per bag of fertilizer. The offer was accepted by plaintiff Alday
and he instructed his checker Celso Henson to let Roberto Espiritu haul
the fertilizer. Espiritu made two hauls of 200 bags of fertilizer per trip.
The fertilizer was delivered to the driver and helper of Espiritu with the
necessary way bill receipts, Exhibits A and B. Espiritu, however, did not
deliver the fertilizer to the Atlas Fertilizer bodega at Mandaluyong. The
signatures appearing in the way bill receipts Exhibits A and B of the
Alday Transportation admittedly not the signature of any representative
or employee of the Atlas Fertilizer Corporation. Roberto Espiritu could
not be found, and plaintiff reported the loss to the Manila Police
Department. Roberto Espiritu was later arrested and booked for theft. x x
x
"Subsequently, plaintiff Alday saw the truck in question on Sto. Cristo St.
and he notified the Manila Police Department, and it was impounded by
the police, It was claimed by Bienvenido Gelisan from the Police
Department after he had been notified by his employees that the truck
had been impounded by the police; but as he could not produce at the
time the registration papers, the police would not release the truck to
Gelisan. As a result of the impounding of the truck according to Gelisan,
x x x and that for the release of the truck he paid the premium of P300 to
the surety company."1
Benito Alday was compelled to pay the value of the 400 bags of fertilizer,
in the amount of P5,397.33, to Atlas Fertilizer Corporation so that, on 12
February 1962, he (Alday) filed a complaint against Roberto Espiritu and
Bienvenido Gelisan with the Court of First Instance of Manila, docketed
therein as Civil Case No. 49603, for the recovery of damages suffered
by him thru the criminal acts committed by the defendants.
The defendant, Roberto Espiritu failed to file an answer and was,
accordingly, declared in default.
The defendant, Bienvenido Gelisan, upon the other hand, disowned
responsibility. He claimed that he had no contractual relations with the
plaintiff Benito Alday as regards the hauling and/or delivery of the 400
bags of fertilizer mentioned in the complaint; that the alleged
misappropriation or nondelivery by defendant Roberto Espiritu of
plaintiff's 400 bags of fertilizer, was entirely beyond his (Gelisan's)
control and knowledge, and which fact became known to him, for the first
time. on 8 February 1962 when his freight truck, with plate No. TH-2377,
was impounded by the Manila Police Department, at the instance of the

plaintiff; and that in his written contract of hire with Roberto Espiritu, it
was expressly provided that the latter will bear and pay all losses and
damages attending the carriage of goods to be hauled by said Roberto
Espiritu.
After trial, the Court of First Instance of Manila ruled that Roberto
Espiritu alone was liable to Benito Alday, since Bienvenido Gelisan was
not privy to the contract between Espiritu and Alday. The dispositive
portion of the decision reads, as follows:
"WHEREFORE, judgment is hereby rendered in favor of the plaintiff and
against the defendant Roberto Espiritu for the sum of P6,000 with
interest at the legal rate from the time of the filing of the complaint, and
the costs of the suit Plantiff's complaint is dismissed with respect to
defendant Bienvenido Gelisan, and judgment is rendered in favor of
defendant Bienvenido Gelisan and against the plaintiff for the sum of
P350."2
On appeal, however, the Court of Appeals, citing the case of Montoya
vs. Ignacio,3 found that Bienvenido Gelisan is likewise liable for being
the registered owner of the truck; and that the lease contract, executed
by and between Bienvenido Gelisan and Roberto Espiritu, is not binding
upon Benito Alday for not having been previously approved by the Public
Service Commission. Accordingly, it sentenced Bienvenido Gelisan to
pay, jointly and severally with Roberto Espiritu, Benito Alday the amount
of P5,397.30, with legal interest thereon from the filing of the complaint;
and to pay the costs. Roberto Espiritu, in turn, was ordered to pay or
refund Bienvenido Gelisan whatever amount the latter may have paid to
Benito Alday by virtue of the judgment.4
Hence, the present recourse by Bienvenido Gelisan.
The petition is without merit. The judgment rendered by the Court of
Appeals, which is sought to be reviewed, is in accord with the facts and
the law on the case and we find no cogent reason to disturb the same.
The Court has invariably held in several decisions that the registered
owner of a public service vehicle is responsible for damages that may
arise from consequences incident to its operation or that may be caused
to any of the passengers therein,5 The claim of the petitioner that he is
not liable in view of the lease contract executed by and between him and
Roberto Espiritu which exempts him from liability to third persons, cannot
be sustained because it appears that the lease contract, adverted to,
had not been approved by the Public Service Commission. It is settled in
our jurisprudence that if the property covered by a franchise is
transferred or leased to another without obtaining the requisite approval,
the transfer is not binding upon the public and third persons.6
We also find no merit in the petitioner's argument that the rule requiring
the previous approval by the Public Service Commission of the transfer
or lease of the motor vehicle, may be applied only in cases where there
is no positive identification of the owner or driver, or where there are very
scant means of identification, but not in those instances where the
person responsible for damages has been fixed or determined
beforehand, as in the case at bar. The reason for the rule we reiterate in
the present case, was explained by the Court in Montoya vs. Ignacio,7
thus:
"There is merit in this contention. The law really requires the approval of
the Public Service Commission in order that a franchise. or any privilege
pertaining thereto, may be sold or leased without infringing the certificate
issued to the grantee. The reason is obvious. Since a franchise is
personal in nature any transfer or lease thereof should be notified to the
Public Service Commission so that the latter may take proper
safeguards to protect the interest of the public. In fact, the law requires
that, before the approval is granted, there should be a public hearing,
with notice to all interested parties, in order that the Commission may
determine if there are good and reasonable grounds justifying the
transfer or lease of the property covered by the franchise, or if the sale
or lease is detrimental to public interest. Such being the reason and
philosophy behind this re quirement, it follows that if the property
covered by the franchise is transferred, or leased to another without
obtaining the requisite approval, the transfer is not binding against the
Public Service Commission and in contemplation of law the grantee
continues to be responsible under the franchise in relation to the
Commission and to the Public. Since the lease of the jeepney in
question was made without such approval, the only conclusion that can
be drawn is that Marcelino Ignacio still continues to be its operator in
contemplation of law, and as such is responsible for the consequences

incident to its operation, one of them being the collision under
consideration."
Bienvenido Gelisan, the registered owner, is not however without
recourse. He has a right to be indemnified by Roberto Espiritu for the
amount that he may be required to pay as damages for the injury caused
to Benito Alday, since the lease contract in question, although not
effective against the public for not having been approved by the Public
Service Commission, is valid and binding between the contracting
parties.8
We also find no merit in the petitioner's contention that his liability is only
subsidiary. The Court has consistently considered the registered
owner/operator of a public service vehicle to be jointly and severally
liable with the driver for damages incurred by passengers or third
persons as a consequence of injuries sustained in the operation of said
vehicles. Thus, in the case of Vargas vs. Langcay,9 the Court said:
"We hold that the Court of Appeals erred in considering appellantpetitioner Diwata Vargas only subsidiarily liable under Article 103 of the
Revised Penal Code. This court, in previous decisions, has always
considered the registered owner/operator of a passenger vehicle, jointly
and severally liable with the driver, for damages incurred by passengers
or third persons as a consequence of injuries (or death) sustained in the
operation of said vehicles. (Montoya vs. Ignacio, 94 Phil., 182; Timbol
vs. Osias, G.R. No. L-7547, April 30,1955; Vda. de Medina vs.
Cresencia, 99 Phil., 506; Necesito vs. Paras, 104 Phil., 75; Erezo vs.
Jepte, 102 Phil, 103; Tamayo vs. Aquino and Rayos vs. Tamayo, 105
Phil., 949; 56 Off. Gaz. [36] 5617.) In the case of Erezo vs. Jepte, Supra,
We held:
"* * * In synthesis, we hold that the registered owner, the defendantappellant herein, is primarily responsible for the damage caused * * *"
(Italics ours)
In the case of Tamayo vs. Aquino, supra, We said:
"* * * As Tamayo is the registered owner of the truck, his responsibility to

the public or to any passenger riding in the vehicle or truck must be
direct* * * (Italics ours)
WHEREFORE, the petition is hereby DENIED. With costs against the
petitioner.
SO ORDERED.
Yap (Chairman), Melencio-Herrera, Paras and Sarmiento, JJ.,
concur.
Petition denied
Notes.In proceedings for granting of certificate of public convenience,
the application must not only be published in newspaper, but also notice
must be individually given to affected parties. (Cordero vs. Public
Service Commission, 121 SCRA 769.)
Civil liability of bus owner for death caused by his driver, subsidiary, and
insurance proceeds paid to heir of victim by insurance credited in favor
of erring driver. (De Caliston vs. Court of Appeals, 122 SCRA 958.)

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No. L-30212. September 30, 1987.

PETITION for certiorari to review the judgment of the Court of Appeals.

The facts are stated in the opinion of the Court.

Review on certiorari of the judgment** rendered by the Court of Appeals,

was impounded by the Manila Police Department, at the instance of the

contemplation of law, and as such is responsible for the consequences

"* * * As Tamayo is the registered owner of the truck, his responsibility to

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