Transportation Laws

Lim v. CA, G.R. No. 125817, Jan. 16, 2002

May the registered owner of the vehicle be allowed to prove that there is already a transfer of ownership to another person under the kabit system?

 

No. One of the primary factors considered in the granting of a certificate of public convenience for the business of public transportation is the financial capacity of the holder of the license, so that liabilities arising from accidents may be duly compensated. The kabit system renders illusory such purpose and, worse, may still be availed of by the grantee to escape civil liability caused by a negligent use of a vehicle owned by another and operated under his license. If a registered owner is allowed to escape liability by proving who the supposed owner of the vehicle is, it would be easy for him to transfer the subject vehicle to another who possesses no property with which to respond financially for the damage done. (Lim v. CA, G.R. No. 125817, Jan. 16, 2002)


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