3. Joint Tortfeasors

Joint Tortfeasors

Two or more persons may be joint tortfeasors when their wrongful acts concur to cause a single injury, even without a common intent. Their liability for a quasi-delict is solidary.

Test for Joint Tortfeasors

• Whether the plaintiff has a single cause of action against such tortfeasors; or
• Whether he has only several causes of action against each of them

Materiality of Intent

Liability in tort for injury is determined by conduct, and can arise regardless of the mental state or intent to commit an unlawful act.

If several persons jointly commit a tort, the plaintiff or person injured, has his election to sue all or some of the parties jointly, or one of them separately, because the tort is in its nature a separate act of each individual. (Dean Worcester v. Ocampo, G.R. No. 5932, February 27, 1912)

In case of injury to a passenger due to the negligence of the driver of the bus on which he was riding and of the driver of another vehicle, the drivers as well as the owners of the two vehicles are jointly and severally liable for damages. (Tiu v. Arriesgado, G.R. No. 138060, September 1, 2004)

When the doctrine is not applicable

Solidary liability for quasi-delict

• Persons liable for the same quasi-delict are solidarily liable under Civil Code, Art. 2194.
• Joint tortfeasors and defendants concurrently negligent in causing the same quasi-delict are not excluded from this rule.