GR 147791; (September, 2006) (Digest)
G.R. No. 147791 ; September 8, 2006
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
On December 29, 1978, respondents Rebecca Estrella and Rachel Fletcher were passengers on a Batangas Laguna Tayabas Bus Co. (BLTB) bus bound for Pasay City. While traversing the South Expressway, the bus was violently rammed from behind by a tractor-truck owned by Construction Development Corporation of the Philippines (CDCP). The collision caused severe injuries to both passengers, including fractures and extensive lacerations, necessitating hospitalization and medical treatment.
Respondents filed a complaint for damages against CDCP, BLTB, and their respective drivers. They alleged negligence on the part of the drivers and a failure by both corporate defendants to exercise the required diligence in the selection and supervision of their employees. The Regional Trial Court found both BLTB and CDCP jointly and severally liable for actual damages. The Court of Appeals affirmed this finding but modified the awards for moral and exemplary damages and attorney’s fees.
ISSUE
Whether the Court of Appeals correctly held CDCP and BLTB jointly and severally liable for damages arising from the vehicular accident.
RULING
Yes, the Supreme Court affirmed the liability of both CDCP and BLTB, but clarified the nature and extent of their respective obligations. The legal logic rests on distinct sources of obligation for each defendant. BLTB, as a common carrier, is bound by a contract of carriage to observe extraordinary diligence for the safety of its passengers. Its failure to bring the passengers safely to their destination constituted a breach of contract, and the resulting injuries gave rise to a presumption of negligence which BLTB failed to rebut.
Conversely, CDCP’s liability stems from quasi-delict or tort under Article 2176 of the Civil Code. The evidence established that its driver was recklessly driving at high speed when he rammed the bus from behind. This gross negligence of the employee gave rise to the presumption that CDCP was negligent in the selection or supervision of its driver, a presumption it also failed to overcome. Therefore, while both parties are liable to the respondents, their liabilities arise from different legal sources—breach of contract for BLTB and quasi-delict for CDCP.
Consequently, they are not solidarily liable in the technical sense, as solidarity cannot be presumed and must be expressly stated by law or stipulated. Since no law or contract establishes solidary obligation between a contracting party (BLTB) and a tortfeasor (CDCP), they are liable only for their respective proportional faults. However, for the protection of the injured passengers, the Court ruled that each defendant can be held liable for the entire amount adjudged, but the paying defendant may seek reimbursement from the other for the latter’s proportionate share. The awards for actual, moral, and exemplary damages, along with attorney’s fees, were deemed proper and commensurate to the injuries sustained.