Case Digest: VICTOR JUANIZA, Heirs of Josefa P. Leus, etc., et al. vs. EUGENIO JOSE, THE ECONOMIC INSURANCE COMPANY, INC. and ROSALIA ARROYO

Nos. L-50127-28 :: 30 March 1979 :: De Castro, J.

FACTS:

Eugenio Jose was a registered owner and operator of a passenger jeepney involved in a collision with a freight train of the Philippine National Railways which resulted in the death of seven (7) of its passengers and physical injuries to five (5).  At the time of the accident, Jose was legally married to Socorro Ramos but had been cohabiting with Rosalia Arroyo for sixteen (16) years.  The CFI of Laguna held that Arroyo and Jose were jointly and severally liable for the damages in the said accident.

ISSUE:  Whether or not Arroyo may be held jointly and severally liable for damages with Jose, her common-law husband.

HELD:

NO, ARROYO CANNOT BE HELD LIABLE FOR THE DAMAGES IMPUTED ON JOSE.

For her to be held liable under the law, it is required that her cohabitation with Jose be free from any legal impediment.  As she is not the registered owner of the jeepney and since Eugenio Jose is legally married to Socorro Ramos, there is an impediment for him to contract marriage, thus Rosalia Arroyo cannot be a co-owner of the jeepney.  The jeepney belongs to the conjugal partnership between Jose and Ramos.