10/11/2019 Torts and Damages Case Digest: Algarra v.

Sandejas (1914)

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Torts And Damages

Case Digest: Algarra V. Our Bookshelf
Sandejas (1914)

Thinking, Fast and Slow

by Daniel Kahneman
G.R. No. L-8385 March 24, 1914

Lessons Applicable: Actual or Compensatory

Damage (Torts and Damages)
Laws Applicable: article
Blue Ocean Strategy: How to Create
1902,1106,1107 of the Civil Code (old Uncontested Market Space and Make the
laws) Competition Irrelevant
by W. Chan Kim
FACTS:
Lucio Algarra filed a civil action for
personal injuries received from a car

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10/11/2019 Torts and Damages Case Digest: Algarra v. Sandejas (1914)

collision due to the negligence of Sixto

Sandejas causing him to be How to Talk to Anyone: 92 Little Tricks for
Big Success in Relationships
hospitalized for 10 days, four of five
by Leil Lowndes
days of which he could not leave his
bed.
After being discharged, he still
continued to receive medical
treatment and that he had done no
work since he was not yet entirely The Presentation Secrets of Steve Jobs
by Carmine Gallo
recovered. He also spent to pay the
doctor P8 and medicine P2, the
expense totalling to P110
Algarra sells the products of a
distillery and earns 10% commission
which averages to P50/month. He The 7 Habits of Highly Effective People:
had around 20 regular customers Powerful Lessons in Personal Change
which took him 4 years to build who by Stephen R. Covey

order in small quantities and require

regular and frequent deliveries.
Since his accident, his wife tried to
keep up with the business but only 4
regular customers remained.
Lower court: refused to allow him Follow On Instagram
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

ISSUE: W/N there is actual or compensatory

damage despite absence of malicious intent
(since negligence)? How is the damage
measured?

HELD: YES. judgment of the lower court

is set aside, and the plaintiff is awarded
the following damages; P10 for medical
expenses; P100 for the 2 months of his
enforced absence from his business; and
P250 for the damage done to his
business in the way of loss of profits =
P360

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10/11/2019 Torts and Damages Case Digest: Algarra v. Sandejas (1914)

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

GR: in order that an act omission

may be the proximate cause of an
injury, the injury must be the natural
and probable consequence of the act
or omission and such as might have
been foreseen by an ordinarily
responsible and prudent man, in the
light of the attendant circumstances, Blog Archive
as likely to result therefrom . . ► 2018 (1)
in an action such as that under ► 2017 (34)
consideration, in order to establish ► 2016 (13)
his right to a recovery, must ► 2015 (25)
establish by competent evidence: ► 2014 (15)
► 2013 (226)
(1) Damages to the plaintiff. ► 2012 (76)

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10/11/2019 Torts and Damages Case Digest: Algarra v. Sandejas (1914)

(2) Negligence by act or omission of ▼ 2011 (526)

which defendant personally, or some ▼ December (106)
person for whose acts it must respond, Insurance Law Reviewer: Insurance
was guilty. Reviewer Ateneo ...
Insurance Law Reviewer: Insurance
(3) The connection of cause and effect Memory Aid
between the negligence and the Mercantile Law Reviewer: Commercial
damages. Law Review 200...

"actual damages" Torts and Damages Notes Outline

purpose of the law in awarding actual Case Overview

damages is to repair the wrong that Civil Procedure Notes Outline

has been done, to compensate for Legal Ethics Notes Outline: Code of
Professional R...
the injury inflicted, and not to impose
Lawyer's Oath
a penalty
Land Titles and Deeds Notes:
not dependent on nor graded by the
Mortgage
intent with which the wrongful act is
Torts and Damages Case Digest:
done.
National Power v. P...
shall be construed to include all
Jurisprudence: G.R. No. 126204
damages that the plaintiff may he
Torts and Damages Case Digest: ABS-
has suffered in respect to his CBN v. CA (1999...
property, business, trade, profession, Jurisprudence: G.R. No. 128690
or occupation, and no other damages Torts and Damages Case Digest:
whatever." Strebel v. Figueros...
proceed from a sense of natural Jurisprudence: G.R. No. L-4722
justice Torts and Damages Case Digest:
indemnity comprises, not only the Producer's Bank v. ...
value of loss suffered, but also that Jurisprudence: G.R. No. 111584
of the prospective profit that was not Torts and Damages Case Digest:
realized, and the obligation of the Lopez v. Pan Americ...
debtor in good faith is limited to such Jurisprudence: G.R. No. L-20434
losses and damages as were Torts and Damages Case Digest:
foreseen or might have been Sumaplong v. CA (19...

foreseen at the time the obligation Jurisprudence: G.R. No. 123404

was incurred and which are a Torts and Damages Case Digest:
necessary consequence of his failure Philippine Airlines...

of fulfillment Jurisprudence: G.R. No. 120262

The abstract rules for determining Torts and Damages Case Digest: Fule
v. CA (1998)
negligence and the measure of
Jurisprudence: G.R. No. 112212
damages are, however, rules of
Torts and Damages Case Digest: PNB
natural justice rather than man-made
v. CA (1997)
law, and are applicable under any
Jurisprudence: G.R. No. 118357
enlightened system of jurisprudence.

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10/11/2019 Torts and Damages Case Digest: Algarra v. Sandejas (1914)

As to the damages resulting from the Torts and Damages Case Digest:

actual incapacity of the plaintiff to Carlos Arcona y Mob...

attend to his business there is no Jurisprudence: G.R. No. 134784

question. They are, of course, to be Torts and Damages Case Digest:

People v. Pirame (2...
allowed on the basis of his earning
Jurisprudence: G.R. No. 121998
capacity, which in this case, is P50
Torts and Damages Case Digest: Triple
per month.
Eight v. NLR...
evidence of damages "must rest
Jurisprudence: G.R. No. 129584
upon satisfactory proof of the
Torts and Damages Case Digest:
existence in reality of the damages
Cometa v. CA (1999)...
alleged to have been suffered." But,
Jurisprudence: G.R. No. 124062
while certainty is an essential
Torts and Damages Case Digest: J
element of an award of damages, it Marketing v. Sia ...
need not be a mathematical Jurisprudence: G.R. No. 127823
certainty. Torts and Damages Case Digest: De la
When it is shown that a plaintiff's Pena v. CA (1...
business is a going concern with a Jurisprudence: G.R. No. L-81827
fairly steady average profit on the Jurisprudence: G.R. No. L-81827
investment, it may be assumed that Torts and Damages Case Digest:
had the interruption to the business Mijares v. CA (1997...
through defendant's wrongful act not Jurisprudence: G.R.No.113558
occurred, it would have continued Torts and Damages Case Digest:
producing this average income "so Expert Travel v. CA...
long as is usual with things of that Jurisprudence: G.R. No. 130030
nature. Torts and Damages Case Digest:
When in addition to the previous Francisco v. GSIS (...

average income of the business it is Jurisprudence: G.R. No. L-18287

further shown what the reduced Torts and Damages Case Digest:
receipts of the business are People v. Bagayong ...

immediately after the cause of the Jurisprudence: G.R. No. 126518

interruption has been removed, there Torts and Damages Case Digest:
Enervida v. dela To...
can be no manner of doubt that a
Jurisprudence: G.R. No. L-38037
loss of profits has resulted from the
Torts and Damages Case Digest:
wrongful act of the defendant.
Raagas v. Traya (19...
In the present case, we not only
Jurisprudence: G.R. No. L-20081
have the value of plaintiff's business
Torts and Damages Case Digest: Del
to him just prior to the accident, but
Rosario v. CA (...
we also have its value to him after
Jurisprudence: G.R. No. 118325
the accident
Torts and Damages Case Digest:
The value of such a business depends Miranda-Ribaya v. C...
mainly on the ordinary profits Jurisprudence: G.R. No. L-49390
derived from it. Such value cannot be

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10/11/2019 Torts and Damages Case Digest: Algarra v. Sandejas (1914)

ascertained without showing what Torts and Damages Case Digest:

the usual profits are; nor are the Kierulf v. CA (1997...

ordinary profits incident to such a Jurisprudence: G.R. No. 99301

business contingent or speculative, in Insurance Case Digest: Capital

Insurance & Surety ...
the sense that excludes profits from
Jurisprudence: G.R. No. L-22375
consideration as an element of
Insurance Case Digest: Philippine
damages. What they would have
Phoenix Surety &...
been, in the ordinary course of the
Jurisprudence: G.R. No. L-25317
business, for a period during which it
Jurisprudence: G.R. No. 183526
was interrupted, may be shown with
Insurance Case Digest: Pacific Timber
reasonable certainty. What effect
v. CA (1982)...
extraordinary circumstances would
Jurisprudence: G.R. No. L-38613
have had upon the business might be
Insurance Case Digest: Philippine
contingent and conjectural, and any Pryce Assurance ...
profits anticipated from such cause Jurisprudence: G.R. No. 107062
would be obnoxious to the objection Insurance Notes Outline Part Three
that they are merely speculative; but (Double Insuran...
a history of the business, for a Insurance Case Digest: American
reasonable time prior to a period of Home Assurance Co....
interruption, would enable the jury to Jurisprudence: G.R. No. 130421
determine how much would be done Torts and Damages Case Digest:
under ordinary circumstances, and in Professional Servic...
the usual course, during the given Jurisprudence: G.R. No. 126297
period; and the usual rate of profit Torts and Damages Case Digest:
being shown, of course the aggregate Joaquinita P. Capil...

becomes only a matter of calculation. Jurisprudence: G.R. No. 157906

Torts and Damages Case Digest:
Plaintiff having had four years' Marcelo Macalinao, ...

experience in selling goods on Jurisprudence: G.R. No. 146635

commission, it must be presumed Torts and Damages Case Digest:

that he will be able to rebuild his Engada v. CA (2003)...

business to its former proportions; so Jurisprudence: G.R. No. 140698

that at some time in the future his Torts and Damages Case Digest:
commissions will equal those he was Canlas v. CA (2000)...

receiving when the accident Jurisprudence: G.R. No. 112160

occurred. Aided by his experience, he Torts and Damages Notes Outline 4
should be able to rebuild this (part 4 Moral Da...

business to its former proportions in Torts and Damages Notes Outline 2

much less time than it took to (part 2 Defenses...

establish it as it stood just prior to Torts and Damages Notes Outline 3

the accident. One year should be (part 3 damages)...

sufficient time in which to do this. Torts and Damages Case Digest:

The profits which plaintiff will receive Cerrano v. Tan (191...

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10/11/2019 Torts and Damages Case Digest: Algarra v. Sandejas (1914)

from the business in the course of its
reconstruction will gradually increase.
The injury to plaintiff's business
begins where these profits leave off,
and, as a corollary, there is where
defendant's liability begins. Upon this
basis, we fix the damages to
plaintiff's business at P250.
Labels: 1914, Actual or Compensatory Damage,
Algarra v Sandejas, art 1106 civil code, art 1902,
Case Digest, G.R. No. L-8385, Juris Doctor, March
24, torts and damages, torts and damages case
digest
Newer Post Home
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