THIRD DIVISION
[G.R. No. 143360. September 5, 2002.] EQUITABLE LEASING CORPORATION, petitioner, vs. LUCITA SUYOM, MARISSA ENANO, MYRNA TAMAYO and FELIX OLEDAN, respondents.
Santos Pilapil & Associates for petitioner.
Mercado Lim & Associates Law Offices for private respondents.
SYNOPSIS
Petitioner sold a Fuso Road Tractor to Ecatine Corporation. However, the sale was not registered with the Land Transportation Office. The controversy in the present case arose when the said tractor, driven by Raul Tutor, an employee of Ecatine, rammed into a house cum store of respondent Myrna Tamayo which resulted to deaths and physical injuries. Tutor was charged with and later convicted of reckless imprudence resulting in multiple homicide and multiple physical injuries. The trial court ordered petitioner to pay actual and moral damages and attorney's fees to respondents. It held that since the Deed of Sale between petitioner and Ecatine had not been registered with the Land Transportation Office, the legal owner was still the petitioner. Thus, petitioner was liable to respondents. On appeal, the Court of Appeals sustained the decision of the trial court. Hence, this petition.
In affirming the assailed decision, the Supreme Court held that petitioner was liable for the deaths and the injuries complained of, because it was the registered owner of the tractor at the time of the accident. The Court has consistently ruled that, regardless of sales made of a motor vehicle, the registered owner is the lawful operator insofar as the public and third persons are concerned; consequently, it is directly and primarily responsible for the consequences of its operation. In contemplation of law, the owner/operator of record is the employer of the driver, the actual operator and employer being considered as merely its agent. The same principle applies even if the registered owner