5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
same manner as if they had performed the wrongful act themselves. As regards the
extent of their respective liabilities, the Court expressed in Far Eastern Shipping
Company v. Court of Appeals:[24]
x x x. Where several causes producing an injury are concurrent and each is
an efficient cause without which the injury would not have happened, the
injury may be attributed to all or any of the causes and recovery may be
had against any or all of the responsible persons although under the
circumstances of the case, it may appear that one of them was more
culpable, and that the duty owed by them to the injured person was not
same. No actor’s negligence ceases to be a proximate cause merely because
it does not exceed the negligence of other acts. Each wrongdoer is
responsible for the entire result and is liable as though his acts were the sole
cause of the injury.
There is no contribution between joint tort-feasors whose liability is solidary
since both of them are liable for the total damage. Where the concurrent or
successive negligent acts or omissions of two or more persons, although
acting independently, are in combination the direct and proximate cause of a
single injury to a third person, it is impossible to determine in what
proportion each contributed to the injury and either of them is responsible
for the whole injury. x x x
It would not be an excuse for any of the joint tortfeasors to assert that her individual
participation in the wrong was insignificant as compared to those of the others.[25]
Joint tortfeasors are not liable pro rata. The damages cannot be apportioned among
them, except by themselves. They cannot insist upon an apportionment, for the
purpose of each paying an aliquot part. They are jointly and severally liable for the
whole amount.[26] Hence, Inovero’s liability towards the victims of their illegal
recruitment was solidary, regardless of whether she actually received the amounts paid
or not, and notwithstanding that her co-accused, having escaped arrest until now, have
remained untried.
Under Article 2211 of the Civil Code, interest as part of the damages may be
adjudicated in criminal proceedings in the discretion of the court. The Court believes
and holds that such liability for interest attached to Inovero as a measure of fairness to
the complainants. Thus, Inovero should pay interest of 6% per annum on the sums
paid by the complainants to be reckoned from the finality of this judgment until full
payment.[27]
WHEREFORE, the Court AFFIRMS the decision promulgated on August 26, 2010,
subject to the MODIFICATION that appellant Maricar B. Inovero is ordered to pay by
way of actual damages to each of the complainants the amounts paid by them for
placement, training and processing fees, respectively as follows:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57144
9/12