NARCISO GUTIERREZ vs. BONIFACIO GUTIERREZ, MARIA V. DE YES.

GUTIERREZ, MANUEL GUTIERREZ, ABELARDO VELASCO, and Bonifacio Gutierrezs obligation arises from culpa aquiliana. On
SATURNINO CORTEZ the other hand, Saturnino Cortezs and his chauffeur Abelardo
G.R. No. 34840. September 23, 1931 Velascos obligation rise from culpa contractual.
The youth Bonifacio was an incompetent chauffeur, that he was
Topic: Effect of negligence driving at an excessive rate of speed, and that, on approaching
the bridge and the truck, he lost his head and so contributed by
Petitioner: Narciso Gutierrez his negligence to the accident.
Respondent: Bonifacio Gutierrez, Abelardo Velasco The guaranty given by the father at the time the son was granted
a license to operate motor vehicles made the father responsible
DOCTRINE: for the acts of his son. Based on these facts, pursuant to the
Art. 2180. The obligation imposed by Article 2176 is demandable not only provisions of Art. 1903 of the Civil Code (now 2180), the father
for ones own acts or omissions, but also for those of persons for whom alone and not the minor or the mother would be liable for the
one is responsible. damages caused by the minor. The liability of Saturnino Cortez,
the owner of the truck, and his chauffeur Abelardo Velasco rests
The father and, in case of his death or incapacity, the mother, are on a different basis, namely, that of contract.
responsible for the damages caused by the minor children who live
in their company. DISPOSITION
Appeal Modified, judgement in favor of defendant.
..

FACTS:
On February 2, 1930, a passenger truck and an automobile of
private ownership collided while attempting to pass each other on
a bridge.
The truck was driven by the chauffeur Abelardo Velasco, and was
owned by saturnine Cortez.
The automobile was being operated by Bonifacio Gutierrez, a lad
18 years of age, and was owned by Bonifacios father and mother,
Mr. and Mrs. Manuel Gutierrez.
At the time of the collision, the father was not in the car, but the
mother, together with several other members of the Gutierrez
family were accommodated therein.
The collision between the bus and the automobile resulted in
Narciso Gutierrez suffering a fractured right leg which required
medical attendance for a considerable period of time.

ISSUES:
Whether or not both the driver of the truck and automobile are liable for
damages and indemnification due to their negligence. What are the legal
obligations of the defendants?

HELD: