Sie sind auf Seite 1von 1

Fores v Miranda

Respondent Ireneo Miranda was aboard a jeep driven by Eugenio Luga when the latter lost control of it as it was
speeding down Sta. Mesa bridge. The vehicle swerved and hit the bridge wall, injuring passengers including
respondent, who had to undergo 3 operations: 1) to wind wire loops around his broken bones, 2) to insert a metal
splint, 3) to remove said splint.

The jeep was owned by Paz Fores, being registered in her name and having the name "Dona Paz" painted below its
windshield.


ISSUE: w/n an action for the breach of contract embodies an action on tort

HELD:
NO. The difference in conditions, defenses and proof, as well as the codal concept of quasi-delict as essentially extra
contractual negligence, compel us to differentiate between action ex contractu (action arising from a contract), and
actions quasi ex delicto (quasi-delict), and prevent us from viewing the action for breach of contract as simultaneously
embodying an action on tort.

Thus, the moral damages ordered to be paid to respondent must be discarded, as such are not recoverable in
damage actions predicted on a breach of contract of transportation. The term "analogous cases" in Art 2219 does not
include quasi-delicts because the definition of quasi-delict in Art. 2176 of the Code expressly excludes the cases
where there is a "preexisting contractual relation between the parties," while Art. 2220 requires bad faith in the
contractual breach for damages to be recoverable.

APPLICABLE PROVISIONS

Art. 2219. Moral damages may be recovered in the following and analogous cases:
(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;


Art. 2220. Willful injury to property may be a legal ground for awarding moral damages if the court should find that,
under circumstances, such damages are justify due. The same rule applies to breaches of contract where the
defendant acted fraudulently or in bad faith.


Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay
for the damage dome. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is
called a quasi-delict and is governed by the provisions of this Chapter.

Das könnte Ihnen auch gefallen