Case Digest: Anonuevo vs. Court of Appeals, 441 SCRA 24

Anonuevo vs. Court of Appeals, 441 SCRA 24

Subject: Transportation Law

FACTS

Villagracia was traveling along Boni Ave. on his bicycle, while Añonuevo, traversing the opposite lane was driving a Lancer car owned by Procter and Gamble Inc., the employer of Añonuevo’s brother. Añonuevo was in the course of making a left turn towards Libertad Street when the collision occurred.

Villagracia sustained serious injuries and had to undergo four operations. Villagracia instituted an action for damages against P&G Phils., Inc. and Añonuevo before the RTC. He had also filed a criminal complaint against Añonuevo before the Metropolitan Trial Court of Mandaluyong, but the latter was subsequently acquitted of the criminal charge.

Añonuevo claims that Villagracia violated traffic regulations when he failed to register his bicycle or install safety gadgets. He posits that Article 2185 of the Civil Code applies by analogy. Article 2185. 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.

ISSUE

Whether or not Article 2185 of the New Civil Code should apply to non-motorized vehicles, making Villagracia presumptively negligent.

RULING

No.

Article 2185 of the New Civil Code provides that, 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.

In this case, Aonuevo’s characterization of a vibrant intra-road dynamic between motorized and non-motorized vehicles is more apropos to the past than to the present. There is pertinent basis for segregating between motorized and non-motorized vehicles. A motorized vehicle, unimpeded by the limitations in physical exertion. Is capable of greater speeds and acceleration than non-motorized vehicles. At the same time, motorized vehicles are more capable in inflicting greater injury or damage in the event of an accident or collision. This is due to a combination of factors peculiar to the motor vehicle, such as the greater speed, its relative greater bulk of mass, and greater combustibility due to the use of fuel.