Juaniza vs Jose

Juaniza vs Jose

GR. No. L50127-28, March 30, 1979

FACTS:

Eugenio Jose, a registered owner and operator of the passenger jeepney involved in an accident of collision with a freight train of the PNR that took place in November 1969 resulted in the 7 deaths and 5 physical injuries of its passengers.  That time, Eugenio was married to Socorro but had been cohabiting with Rosalia Arroyo, defendant-appellant for 16 years as husband and wife.  Trial court decision rendered them jointly and severally liable to pay damages to the heir of the deceased, Victor Juaniza.  A motion was prayed for by Rosalia for the decision to be reconsidered.

ISSUE: WON Eugenio and Rosalia are co-owners of the jeepney.

HELD:

The co-ownership provided in Article 147 applied only when the parties are not incapacitated to marry.  Hence, the jeepney belongs to the conjugal partnership with the lawful wife.  The common-law wife not being the registered owner cannot be held liable for the damages caused by its operation.  There is therefore no basis for her liability in the damages arising from the death of and physical injuries suffered by the passengers.