Cachero v. Manila Yellow Taxi Club

Facts:

On December 13, 1952, Atty. Tranquilino Cachero boarded a Yellow Taxi driven by Gregorio Mira Abinion. The taxicab bumped a Meralco post. The plaintiff fell out of the vehicle to the ground and sustained slight physical injuries. On January 6, 1953, plaintiff wrote a letter to the defendant, demanding payment for the sum of P79, 245.65 covering actual transportation and medical expenses, monetary loss, compensatory and exemplary damages. Defendant offered to settle the case amicably, but the parties were not able to agree on the settlement amount. Plaintiff instituted an action for damages on February 2, 1953. The Court of First Instance awarded: (1) P700 for medical and transportation expenses, (2) P3,200 unearned professional fees, and (3) P2,000 moral damages. The plaintiff filed this instant appeal.

Issue:

Whether moral damages can be awarded

Held:

A mere perusal of plaintiff complaint will show that his action against the defendant is predicated on an alleged breach of contract of carriage, i.e., the failure of the defendant to bring him "safely and without mishaps" to his destination, and it is to be noted that the chauffeur of defendant's taxicab that plaintiff used when he received the injuries involved herein, Gregorio Mira, has not even been made a party defendant to this case. The defendant herein has not committed in connection with this case any "criminal offense resulting in physical injuries". The one that committed the offense against the plaintiff is Gregorio Mira, and that is why he has been already prosecuted and punished therefor. We, therefore, hold that the case at bar does not come within the exception of paragraph 1, Article 2219 of the Civil Code. In view of the foregoing the sum of P2,000 awarded as moral damages by the trial Court has to be eliminated, for under the law it is not a compensation awardable in a case like the one at bar.