Facts: 

Eugenio Jose was the registered owner and operator of the passenger jeepney. In 1969, said jeepney collided with a freight train of the Philippine National Railways, resulting to the death of 7 and physical injuries to 5 of its passengers. At the time of the accident, Eugenio was legally married to Socorro Ramos but had been cohabiting with Rosalia Arroyo for 16 years. The trial court rendered a decision ordering Eugenio and Rosalia to jointly and severally pay damages to the victims of the accident. The lower court based her liability on Article 144 of the Civil Code which reads: "When a man and woman living together as husband and wife, but they are not married, or their marriage is void from the beginning, the property acquired by either or both of them through their work or industry or their wages and salaries shall be governed by the rules on co-ownership." Rosalia claims that it was error for the trial court to consider her a co-owner of the said jeepney, just because she had cohabited for many years as wife of Eugenio.


Issues: 
  1. Were Eugenio and Rosalia co-owners of the jeepney?
  2. Can Rosalia be held jointly and severally liable for damages with Eugenio?

Held: 

1. No. Article 144 of the Civil Code pertains only to those common law relationships where neither of the parties are suffer from any legal impediment to marry. Since Eugenio is legally married to Socorro Ramos, there is an impediment for him to contract marriage with Rosalia. Under the aforecited provision of the Civil Code, Arroyo cannot be a co-owner of the jeepney. The jeepney belongs to the conjugal partnership of Jose and Socorro. There is therefore no basis for the liability of Rosalia for damages arising from the death of, and physical injuries suffered by, the passengers of the jeepney which figured in the collision.

2. No. It is settled in our jurisprudence that only the registered owner of a public service vehicle is responsible for damages that may arise from consequences incident to its operation, or maybe caused to any of the passengers therein. (Juaniza vs Eugenio Jose, G.R. Nos. L-50127-28. March 30, 1979)