G.R. No. 146173.

DECEMBER 11, 2003

Facts: A bus owned by Yambao was plying along EDSA when it hit pedestrian Herminigildo
Zuniga. He was eventually rushed to the hospital, but he later succumbed to the injuries he
sustained.
Zuniga’s heirs filed for claims for damages from Yambao because of her alleged negligence in
supervising her bus driver, who violated traffic rules and regulations and driving recklessly to the
danger of the public. However, Yambao claims that it was the victim who bumped her bus because
he was being chased by an unidentified woman.
Also, she further claims that she exercised due diligence of a good father in both supervising and
selecting her bus driver. In fact, she required them to submit copies of their driver’s licenses and
NBI and barangay clearances.

Issue: Whether or not Yambao should be held liable for the death caused by her bus driver.

Ruling: Yes, she failed to completely rebut the presumption of negligence on her part. When an
employee caused damage or injury in the performance of their duties, it is juris tantum
presumption that the employer is negligent in either the supervision or selection employees. As
such, in order to avoid becoming solidarily liable for the damage caused by the employee, the
employer must convincingly and adequately prove that he exercised due diligence.
However, Yambao proved to do so. She failed to at least present certified true copies of the
driver’s license and NBI and barangay clearance of the guilty bus driver. Bare allegations,
unsubstantiated by evidence, are not equivalent to proof. Moreover, she eventually admitted that
she only required the submission of the said documents on the day the accident happened.
Likewise, she failed to prove that she exercised due diligence in the supervision of her employees.
She did not provide evidence that would show that her drivers underwent the necessary training or
seminars in preventing accident or enhancing their traffic skills and efficiency.