Beruflich Dokumente
Kultur Dokumente
Sandejas (1914)
G.R. No. L-8385
Lucio Algarra filed a civil action for personal injuries received from a
car collision due to the negligence of Sixto Sandejas causing him to
be hospitalized for 10 days, four of five days of which he could not
leave his bed.
Lower court: refused to allow him anything for his injury on the
ground that the doctrine of Marcelo vs. Velasco is opposed to such
allowance and Viada which does not pertain to personal injuries
article 1902 of the Civil Code, which reads as follows: "A person
who, by act or omission, causes damage to another where there is
fault or negligence shall be obliged to repair the damage so done.
1106. Indemnity for losses and damages includes not only the
amount of the loss which may have been suffered, but also that of
the profit which the creditor may have failed to realize, reserving
the provisions contained in the following articles.
1107. The losses and damages for which a debtor in good faith is
liable, are those foreseen or which may have been foreseen, at the
time of constituting the obligation, and which may be a necessary
consequence of its nonfulfillment.
In case of fraud, the debtor shall be liable for all those which clearly may
originate from the nonfulfillment of the obligation - not in present case
(1)
"actual damages"
o purpose of the law in awarding actual damages is to repair the
wrong that has been done, to compensate for the injury
inflicted, and not to impose a penalty
an action to recover damages claimed - by the plaintiff due to the defendant's neglect in perfecting
within the reglementary period his appeal from an adverse judgment rendered by the CFI
the case sprang from a civil case, wherein Ventanilla retained the service of Atty. Centeno
decision unfavourable to Ventanilla was received by Centeno , which was not conformable to
Centeno and that he wanted to file an appeal by which Ventanilla agreed.
Atty. Centeno wrote a letter to the plaintiff enclosing forms for an appeal bond. Ventanilla,
however, instead of executing an appeal bond, and because use of his reluctance to pay the
premium on the appeal bond, decided to file a cash appeal bond of P60.00.
8/18/1955, Ventanilla went to the Office of Atty Centeno but was informed by the clerk that
Centeno was in Laguna campaigning for his candidacy as member of Provl Board
Ventanilla issued a P60.00 check and handed it to the clerk with an instruction to give it to Atty
Centeno
8/17, Centeno prepared the motion for extension of time to file the record on appeal, w/c was filed
on 8/20
8/22. centeno encash the check and went to the office of the Clerk of Court to file the appeal bond
Acdg. To Atty Centeno, it was not accepted because the period of appeal had already expired
The court does not believe Centeno, neither the Clerk of Court, or any of the employees has the
right to refuse an appeal bond that is being filed, for it is not in his power to determine whether or
not the appeal bond has been filed within the time prescribed by law. In fact the record on appeal
was accepted and filed on September 5, 1955, but no appeal bond has been filed by Atty.
Centeno
RULING: Judgment appealed from is AFFIRMED.
RATIONALE:
by not paying the appeal bond of P60, Ventanilla lost his chance to recover from the defendants
therein P4,000 and moral & actual damages, w/c he could have recovered if the appeal had duly
been perfected
Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shocks, social humiliation, and similar injury.
Though incapable of pecuniary computation, moral damages may be recovered if they are the
proximate result of the defendant's wrongful act or omission.
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; (3) Seduction,
abduction, rape, or other lascivious acts; (4) Adultery or concubinage; (5) Illegal or arbitrary
detention or arrest; (6) Illegal search; (7) Libel, slander or any other form of defamation; (8)
Malicious prosecution (9) Acts mentioned in article 309; (10) Acts and actions referred to in
articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.. .Art. 2219 specifically mentions "quasi-delicts
causing physical injuries," as an instance when moral damages may be allowed, thereby implying
that all other quasi-delicts not resulting in physical injuries are excluded
September 21, 1977 early morning: M/V Maria Efigenia XV, owned
by Maria Efigenia Fishing Corporation on its way to Navotas, Metro
Manila collided with the vessel Petroparcel owned by the Luzon
Stevedoring Corporation (LSC)
Maria Efigenia sued the LSC and the Petroparcel captain, Edgardo
Doruelo praying for an award of P692,680.00 representing the value
of the fishing nets, boat equipment and cargoes of M/V Maria
Efigenia XV with interest at the legal rate plus 25% as attorneys
fees and later on amended to add the lost value of the hull less the
P200K insurance and unrealized profits and lost business
opportunities
If the market value of the ship reflects the fact that it is in any case
virtually certain of profitable employment, then nothing can be
added to that value in respect of charters actually lost, for to do so
would be pro tanto to compensate the plaintiff twice over.
Its failure to pay the docket fee corresponding to its increased claim
for damages under the amended complaint should not be
considered as having curtailed the lower courts jurisdiction since
the unpaid docket fee should be considered as a lien on the
judgment