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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The first Monday until the succeeding Sunday of May of every year is declared as “National Traffic Safety Week” and the second Monday as “Safe Driving Day”, according to Proclamation No. 28, series of 1966.
It has been held that safe driving habits, strict enforcement of traffic and motor vehicle laws and regulations and a continuing educational campaign among drivers and the public in general can reduce unnecessary loss of lives and property resulting from traffic accidents every year.
Then-President Ferdinand E. Marcos issued Proclamation No. 28, series of 1966, declaring the first Monday of up to the succeeding Sunday of May of every year as “National Traffic and Safety Week”.
The Monday following such week is declared as “Safe Driving Day”.
Safe driving habits, strict enforcement of traffic and motor vehicle laws and regulations and a continuing educational campaign among drivers and the public in general can reduce unnecessary loss of lives and property resulting from traffic accidents every year.
Liability in case of injury or death resulting from traffic accidents
The Civil Code provides that in motor vehicle mishaps, the owner is solidarily liable with his driver, if the owner, who was in the vehicle, could have prevented the accident through due diligence. It is also presumed that a driver was negligent if he had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months. (Article 2184, Civil Code of the Philippines)
Article 2185 of the Civil Code likewise 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.
Registered Owner Rule
Under the Registered Owner Rule, the registered owner of a motor vehicle whose operation causes injury to another is legally liable to the latter.
However, jurisprudence states that it is error not to allow the registered owner to recover reimbursement from the actual and present owner. In the case of Metro Manila Transit Corporation (G.R. No. 167797, June 15, 2015), the Supreme Court had the occasion to rule that although the Registered Owner Rule might seem to be unjust, the law did not leave it without any remedy or recourse. The registered owner could recover from the present owner under the principle of unjust enrichment, by means of a cross-claim seeking reimbursement of all the amounts that it could be required to pay as damages arising from the driver’s negligence.
Read also: Land Transportation Safety
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