Considering the wet and slippery condition of the road that night, Antonio should have been prudent to reduce his speed and increase his distance from the Pathfinder. Had he done so, it would be improbable for him to have hit the vehicle in front of him or if he really could not avoid hitting it, prevent such extensive wreck to the vehicle in front. With the glaring evidence, he obviously failed to exercise proper care in his driving.
Orix cannot point fingers at the alleged real owner to exculpate itself from vicarious liability under Article 2180 of the Civil Code. Regardless of whoever Orix claims to be the actual owner of the Fuso by reason of a contract of sale, it is nevertheless primarily liable for the damages or injury the truck registered under it have caused (Crix Metro Leasing and Finance Corporation (Formerly Consolidated Orix Leasing and Finance) Vs. Minors: Dennis, Mylene, Melanie and Marikris, All surnamed Mangalinao y Dizon, et al. Sonny Li and Antonio Delos Santos Vs. Minors: Dennis, Mylene, Melanie and Marikris, All Surnamed Mangalinao Y Dizon, et al.,
G.R. Nos. 174089. January 25, 2012).
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