CONSTRUCTION DEVELOPMENT CORPORATION OF

THE PHILIPPINES, petitioner, vs. REBECCA G.

ESTRELLA, RACHEL E. FLETCHER, PHILIPPINE
PHOENIX SURETY & INSURANCE INC., BATANGAS
LAGUNA TAYABAS BUS CO., and WILFREDO
DATINGUINOO, respondents.
Facts:
Estrella and her granddaughter boarded in a BLTB bus.
On their way to Pasay City, their bus wa srammed from
behind by a tractor-truck of CDCP. Estrella and her
daughter suffered injuries which led to the filing of the
complaint for damages against CDCP and BLTB alleging,
among others, that:
1) negligence and non-compliance with traffic laws,
2) failure to exercise the diligence of a good father of a
family in the selection and supervision of their employees.
The trial court found CDCP and BLTB jointly and severally
liable for damages. On appeal, the CA affirmed the trial
court. Hence, the present petition brought by CDCP
arguing that BLTB and its driver should be solely liable.
Issue: Whether CDCP is jointly and severally liable to
BLTB
Ruling: The case filed against CDCP is an action for culpa
aquiliana. An action based on quasi-delict may be

instituted against the employer for an employees act or

omission. The liability is direct and primary, but is subject
to the defense of due diligence in the selection and
supervisionof the employee, a defense that CDCP failed to
prove.It was shown that CDCPs driver was driving
recklessly by the skid marks. The same rule of liability was
applied in situations where the negligence of the driver of
the bus on which plaintiff was riding concurred with the
negligence of a third party who was the driver of another
vehicle, thus causing an accident. The bus company, its
driver, the operator of the other vehicle and the driver of
the vehicle were jointly and severally held liable to the
injured passenger or the latter's heirs. Nor should it make
any difference that the liability of petitioner [bus owner]
springs from contract while that of respondents [owner and
driver of other vehicle] arises from quasi-delict. After all, it
was permitted for them to allege alternative causes of
action and join as many parties as may be liable on such
causes of action so long as private respondent and her coplaintiffs do not recover twice for the same injury. Joint tort
feasors are jointly and severally liable for the tort which
they commit. The persons injured may sue all of them or
any number less than all. Each is liable for the whole
damages caused by all, and all together are jointly liable
for the whole damage. It is no defense for one sued alone,
that the others who participated in the wrongful act are not
joined with him as defendants; nor is it any excuse for him

that his participation in the tort was insignificant as

compared to that of the others.