8/9/2019 CDC v Estrella
1/2
CONSTRUCTION DEVELOPMENT CORPORATION OFTHE PHILIPPINES,
petitioner, vs. REBECCA G.ESTRELLA, RACHEL E. FLETCHER,
PHILIPPINEPHOENIX SURETY & INSURANCE INC., BATANGASLAGUNA
TAYABAS BUS CO., and WILFREDODATINGUINOO, respondents.
Fact !Estrella and her granddaughter boarded in a BLTB bus.On
their way to Pasay City, their bus wa srammed frombehind by a
tractor truc! of C"CP. Estrella and her daughter suffered in#uries
which led to the filing of thecomplaint for damages against C"CP
and BLTB alleging,among others, that$%& negligence and non
compliance with traffic laws,
'& failure to e(ercise the diligence of a good father of
afamily in the selection and supervision of their employees.
The trial court found C"CP and BLTB #ointly and severallyliable
for damages. On appeal, the C) affirmed the trialcourt. *ence, the
present petition brought by C"CParguing that BLTB and its driver
should be solely liable.
I "# $ +hether C"CP is #ointly and severally liable to
BLTB
R"$%n ! The case filed against C"CP is an action for culpaa
uiliana. )n action based on uasi delict may be
instituted against the employer for an employee-s act omission.
The liability is direct and primary, but is subto the defense of
due diligence in the selection asupervisionof the employee, a
defense that C"CP failed toprove. t was shown that C"CP-s driver
was drirec!lessly by the s!id mar!s. The same rule of liability
waapplied in situations where the negligence of the driver the bus
on which plaintiff was riding concurred with negligence of a third
party who was the driver of anothvehicle, thus causing an accident.
The bus company, idriver, the operator of the other vehicle and the
driver the vehicle were #ointly and severally held liable toin#ured
passenger or the latter/s heirs. 0or should it maany difference
that the liability of petitioner 1bus owsprings from contract while
that of respondents 1owner a
driver of other vehicle2 arises from uasi delict. )fter awas
permitted for them to allege alternative causes action and #oin as
many parties as may be liable on succauses of action so long as
private respondent and her coplaintiffs do not recover twice for
the same in#ury. 3oint feasors are #ointly and severally liable for
the tort whthey commit. The persons in#ured may sue all of themany
number less than all. Each is liable for the whdamages caused by
all, and all together are #ointly liab
for the whole damage. t is no defense for one sued alonthat the
others who participated in the wrongful act are n #oined with him
as defendants4 nor is it any e(cuse for h
