Thursday, November 3, 2011

Negligence

Article 2185. 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.

We cannot sustain the contention that Art. 2185 should apply to non-motorized vehicles, even if by analogy. There is factual and legal basis that necessitates the distinction under Art. 2185, and to adopt Añonuevo’s thesis would unwisely obviate this distinction. (AÑonuevo v. Court of Appeals, G.R. No. 130003. October 20, 2004).

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