1. Munsayac v.

De Lara, 23 SCRA 1086

• • Art. 2232 provides for exemplary damages in contracts if the
defendant acted in a wanton, fraudulent, reckless, oppressive or malevolent
manner
• • This provision provides that the reckless manner must have
characterized the breach of contract
• • This provision does not apply for acts subsequent to the breach, such
as the alleged “failure to placate the suffering of the plaintiff”
• • The failure to placate the suffering had no causal connection to the
breach of contract of carriage
• • Also, De Lara cannot be held liable for exemplary damages for the
reckless driving of the driver, since there was no showing that De Lara
authorized or knowingly ratified such reckless driving

• • DOCTRINE: A CARRIER IS LIABLE FOR EXEMPLARY DAMAGES FOR

THE RECKLESS DRIVING OF ITS EMPLOYEE IF THE CARRIER AUTHORIZED SUCH
RECKLESS DRIVING