Bonifacio vs.

BLTB ((34 SCRA 618) Facts: (P) Bonifacio (owner of Mercedes; pansol with family) (R) BLTB (owner of LTB bus) (went to pansol; slippery road) Jovito Bonifacio Sr, together with his wife and Agustio Angeles(february 27, 1964), used to bathe in Pansol Hot Spring twice a week. They used their 1962 Mercedes Benz driven by Albert Concepcion since 1946. They went to Pansol one day, at about 4:30 AM. Jovito seated beside the driver while the two is in the backseat. The road is slippery and dazzling when they are running at 30 miles per hour. (truck parked on left side; LTB bus approaching) After going down an overpass and negotiating to curve in the bridge of Landayes San Pedro Tunasan Laguna, they saw a truck parked on the left portion of the concrete highway without parking lights around 5:20 AM. 15 meters from the truck is the LTB passenger bus about 200 meters away from them running 185 meter per hour behind the truck driven by Sergio Luna as the driver. (Passing truck; bus swerved to their lane) Concepcion continued to drive at 30 meter per hour since they are on the right lane, when the Mercedes is passing alongside the truck, 70 cm. on the other door, the oncoming bus suddenly swerved to its left towards the right lane of the Benz, 10 meters way from the truck. (Death of Boni) The bus has 40 passengers and the impact killed Jovito who was thrown out of the car due to the impact while others lost consciousness and regained it it in Manila Sanitarium in Pasay. Issue: Whether or not the bus driver is liable? Held: (proximate cause; negligence of bus driver; Luna) The negligence of the bus driver is the proximate caused. The duty of the driver to be watchful with others who used the same road. The driver may assume that the other driver weill return to its original lane. The diligence of the supervisor will not apply where the supervisor was negligent in supervision and maintenance of the vehicle.

The issue on interest is discretionary to court.

1. Violation of Traffic Rules (motor vehicle accidents; liab of owner if inside vehicle; if he coud have prevented) In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty or reckless driving or violating traffic regulations at least twice within the next preceding two months. If the owner was not in the mirror vehicle, the provisions of Art. 2180 are applicable. (Art 2184, New Civil Code) (Presumption of negligence; at time of accident; violation of any traffic regulation) Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation. (Art 2185, New Civil Code)