Republic of the Philippines (Exhibit K)

SUPREME COURT The Taxicab Co. to avoid expenses and time of

Manila litigation offered to settle the case amicably with
EN BANC plaintiff but the latter only agreed to reduce his
demand to the sum of P72,050.20 as his only basis for
G.R. No. L-8721 May 23, 1957 settlement which, of course, was not accepted by said
TRANQUILINO CACHERO, plaintiff-appellant, company. So plaintiff instituted this action on February
vs. 2, 1953, in the Court of First Instance of Manila, praying
MANILA YELLOW TAXICAB CO., INC., defendant- in the complaint that the defendant be condemned to
appellant. pay him:
Bernardino Guerrero and J. G. Madarang for plaintiff- (a) The sum of P72,050.20, the total sum of the
appellant. itemized losses and/or damages under paragraph 7 of
Castao and Ampil for the defendant-appellant. the complaint, with legal interest thereon from the date
of the filing of the complaint;
FELIX, J.: (b) The sum of P5,000 as attorney's fee; and the costs
There is no dispute as to the following facts: on of the suit; and
December 13, 1952, Atty. Tranquilino F. Cachero Plaintiff further respectfully prays for such other and
boarded a Yellow Taxicab, with plate No. 2159-52 further reliefs as the facts and the law pertaining to the
driven by Gregorio Mira Abinion and owned by the case may warrant.
Manila Yellow Taxicab Co., Inc. On passing Oroquieta
between Doroteo Jose and Lope de Vega streets, The defendant answered the complaint setting forth
Gregorio Mira Abinion bumped said taxicab against a affirmative defenses and a counterclaim for P930 as
Meralco post, No. 1-4/387, with the result that the cab damages and praying for the dismissal of plaintiff's
was badly smashed and the plaintiff fell out of the action. After hearing the Court rendered decision only
vehicle to the ground, suffering thereby physical July 20, 1954, the dispositive part of which is as
injuries, slight in nature. follows:
IN VIEW OF THE FOREGOING, the Court hereby renders
The chauffeur was subsequently prosecuted by the City judgment in favor of the plaintiff and against the
Fiscal and on February 26, 1963, upon his plea of guilty defendant, sentencing the latter to pay the former the
the Municipal Court of Manila sentenced him to suffer 1 following: (1) For medicine, doctor's fees for services
month and 1 day of arresto mayor, and to pay the rendered and transportation, P700; (2) professional fee
costs. On December 17, 1952, Tranquilino F. Cachero as attorney for the defendant in Criminal Case No. 364,
addressed a letter to the Manila Yellow Taxicab Co., "People vs. Manolo Maddela et al." of the Court of First
Inc., which was followed by another of January 6, 1953, Instance of Nueva Vizcaya, P3,000; (3) professional
which reads as follows: fees as attorney for the defendant in Civil Case No.
23891 of the Municipal Court of Manila, "Virginia
MANILA, January 6, 1953
Tangulan vs. Leonel da Silva," and for the taking of the
The MANILA YELLOW TAXICAB CO., INC. deposition of Gabina Angrepan in a case against the
1338 Arlegui, Manila Philippine National Bank, P200; and(4) moral damages
Dear Sirs: in the amount of P2,000.
As you have been already advised by the letter dated
December 17, 1952, on December 13, 1952, while I Defendant's counterclaim is hereby dismissed.
was a passenger of your taxicab bearing plate No. Defendant shall also pay the costs."
2159 and driven by your chauffeur Gregorio Mira and
through his negligence and the bad condition of the From this decision both parties appealed to Us, plaintiff
said car, he bumped the same against the pavement limiting his appeal to the part of the decision which
on the street (Oroquieta between Doroteo Jose and refers to the moral damages awarded to him which he
Lope de Vega streets, Manila) and hit the Meralco post considered inadequate, and to the failure of said
on said street, resulting in the smashing of the said judgment to grant the attorney's fees asked for in the
taxicab, and as a result thereof I was gravely injured prayer of his complaint. Defendant in turn alleges that
and suffered and is still suffering physical, mental and the trial Court erred in awarding to the plaintiff the
moral damages and not being able to resume my daily following:
calling. (1) P700 for medicine, doctor's fees and
For the said damages, I hereby make a demand for the transportation expenses;
payment of the sum of P79,245.65, covering expenses (2) P3,000 as supposedly unearned full professional
for transportation to the hospital for medical fees as attorney for the defendant in Criminal Case No.
treatment, medicines, doctors bills, actual monetary 364, "People vs. Manolo Maddela et al.";
loss, moral, compensatory and exemplary damages, (3) P200 as supposedly unearned professional fees
etc., within 5 days from date of receipt hereof. as attorney for the defendant in Civil Case No. 23891 of
I trust to hear from you on the matter within the period the Manila Municipal Court, "Virginia Tangulan vs.
of 5 days above specified. Leonel de Silva", and for failure to take the deposition
of a certain Gabina Angrepan in an unnamed case; and
Truly yours,
(4) P2,000 as moral damages, amounting to the
(Sgd.) TRANQUILINO F. CACHERO
grand total of P5,900, these amounts being very much
2256 Int. B, Misericordia St.,
greater than what plaintiff deserves.
Sta. Cruz, Manila

1
In connection with his appeal, plaintiff calls attention to the ball of the humerus from its snug fit in the socket of
the testimonies of Dr. Modesto S. Purisima and of Dr. the scapula, by using the terms subluxation or partial
Francisco Aguilar, a member of the staff of the National dislocation(as used in the medical certificate), is to fall
Orthopedic Hospital, which he considers necessary as a into a misnomer a term often used by
basis for ascertaining not only the physical sufferings "chiropractors" and by those who would want to sound
undergone by him, but also for determining the impressive, but generally unfavored by the medical
adequate compensation for moral damages that he profession. To describe the above condition more aptly,
should be awarded by reason of said accident. the medical profession usually employs the
expression luxatio imperfecta, or, in simple language,
The exact nature of plaintiff's injuries, their degree of a sprain (Dorland, W.A.N., The American Illustrated
seriousness and the period of his involuntary disability Medical Dictionary (13th ed.), p. 652). The condition we
can be determined by the medical certificate (Exhibit have described is a paraphrase of the definition of a
D) issued by the National Orthopedic Hospital on sprain. Plaintiff suffered this very injury (a sprained or
December 16, 1952, and the testimonies of Dr. wrenched shoulder joint) and a cursory scrutiny of his
Francisco Aguilar, physician in said hospital, and of Dr. x-ray plates (Exhibits A and B) by a qualified
Modesto Purisima, a private practitioner. The medical orthopedic surgeon or by a layman with a picture or x-
certificate (Exhibit D) lists: (a) a subluxation of the ray plate of a normal shoulder joint (found in any
right shoulder joint; (b) acontusion on the right chest; standard textbook on human anatomy; the one we
and (c) a "suspicious fracture" of the upper end of the used was Schemer, J.P., Morris' Human Anatomy (10
right humerus. Dr. Aguilar who issued the medical ed., p. 194) for comparison will bear out our claim.
certificate admitted, however, with regard to the
"suspicious fracture", that in his opinion with (the aid Treatment for a sprain is by the use of adhesive or
of) the x-ray there was no fracture. According to this elastic bandage, elevation of the joint, heat, effleurage
doctor plaintiff went to the National 0rthopedic Hospital and later massage (Christopher, F., A Textbook of
at least six times during the period from December 16, Surgery (5th ed., p. 116). The treatment given to the
1952, to April 7, 1953; that he strapped plaintiffs body plaintiff was just exactly that Dr. Aguilar bandaged
(see Exhibit E), which strap was not removed until after (strapped) plaintiff's right shoulder and chest (t.s.n., p.
a period of six weeks had elapsed Dr. Modesto 31) in an elevated position (with the forearm horizontal
Purisima, a private practitioner, testified that to the chest (see photograph, Exhibit E), and certain
he advised and treated plaintiff from, December 14, vitamins were prescribed for him (t.s.n., p. 131). He
1952, to the end of March (1953). Plaintiff was never also underwent massage for some time by Drs. Aguilar
hospitalized for treatment of the injuries he received in and Purisima. The medicines and appurtenances to
said accident. treatment purchased by plaintiff from the Orthopedic
Hospital, Botica Boie and Metro Drug Store were, by his
Counsel for the defendant delves quite extensively on own admission, adhesive plaster, bandage, gauze, oil
these injuries. He says in his brief the following: and "tintura arnica" (t.s.n., p. 3 continuation of
Just what is a subluxation? Luxation is another term for transcript ), and Dr. Purisima also prescribed
dislocation (Dorland, W.A.N., The American Illustrated "Numotizin", a beat generating ointment (t.s.n., p. 23),
Medical Dictionary (13th ed.), p. 652), and hence, all of which are indicated for a sprain, and by their
a sublaxation is an incomplete or nature, can cure nothing more serious than a sprain
partialdislocation (Ibid., p. 1115). While a dislocation is anyway.
the displacement of a bone or bones from its or their
normal setting (and, therefore, applicable and occurs Fractures and true dislocations cannot be cured by the
only to joints and not to rigid or non-movable parts of kind of treatment and medicines which plaintiff
the skeletal system) (Ibid., p. 358; Christopher, F., A received. A true dislocation, for instance, is treated by
Textbook of Surgery (5th ed.), p. 342), it should be means of reduction through traction of the arm until
distinguished from a fracture which is a break or the humeral head returns to the proper position in the
rupture in a bone or cartilage, usually due to external scapular socket (pulling the arm at a 60 degree angle
violence (Christopher, F., A Textbook of Surgery (5th and guiding the ball of the humerus into proper
Ed.) p. 194; Dorland, W.A.N., The American Illustrated position, in its socket) while the patient is under deep
Medical Dictionary (13th ed.), P.459). anaesthesia, and then, completely immobilizing the
part until the injured capsule has healed (Christopher,
Because, unlike fracture which may be partial (a crack F., A Textbook of Surgery, pp. 343 and 344). No
in the bone) or total (a complete break in the bone), evidence was submitted that plaintiff ever received the
there can be no half-way situations with regard to latter kind of treatment. Dr. Purisima even declared
dislocations of the shoulder joint (the head or ball of that after the plaintiff's first visit to the Orthopedic
the humerus the humerus is the bone from the Hospital the latter informed him that there was no
elbow to the shoulder) must be either inside the socket fracture or dislocation (t.s.n., p. 26). Dr. Purisima's
of the scapula or shoulder blade (in which case there is statement is the truth of the matter as we have already
no dislocation) or out of the latter (in which event there explained joints of the shoulder being only subject to
is a dislocation), to denote a condition where due to total dislocation (due to their anatomical design), not
external violence, the muscles and ligaments to partial ones, and any injury approximating
connecting the humerus to the scapula have subjected dislocation but not completely, it being classified as
to strain intense enough to produce temporary mere sprains, slight or bad.
distention or lessening of their tautness and
consequently resulting in the loosening or wrenching of
2
The second and last injury plaintiff sustained was (5) Illegal or arbitrary detention or arrest;
a contusion. What is a contusion? It is just a high flown (6) Illegal search;
expression for a bruise or the act of bruising (Dorland, (7) Libel, slander or any other form of defamation;
W.A.N., The American Illustrated Medical Dictionary (8) Malicious prosecution;
(13th ed. p. 290). No further discussion need be made (9) Acts mentioned in Article 309;
on this particular injury since the nature of a bruise is (10) Acts and actions referred to in Articles 21, 26, 27,
of common knowledge (it's a bit uncomfortable but not 28, 29, 30, 32, 34 and 35.
disabling unless it occurs on movable parts like the xxx xxx xxx
fingers or elbow which is not the case, herein having
occurred in the right chest) and the kind of medical Of the cases enumerated in the just quoted Article
treatment or help it is also well known. (pp. 10-14, 2219 only the first two may have any bearing on the
defendant-appellant's brief). case at bar. We find, however, with regard to the first
that the defendant herein has not committed in
The trial Judge undoubtedly did not give much value to connection with this case any "criminal offense
the testimonies of the doctors when in the statement resulting in physical injuries". The one that committed
of facts made in his decision he referred to the physical the offense against the plaintiff is Gregorio Mira, and
injuries received by the plaintiff as slight in nature and that is why he has been already prosecuted and
the latter is estopped from discussing the same in punished therefor.
order to make them appear as serious, because in the
statement of facts made in his brief as appellant, he Although
says the following: (a) owners and managers of an establishment or
The facts of the case as found by the lower court in its enterprise are responsible for damages caused by their
decision, with the permission of this Honorable employees in the service of the branches in which the
Court, we respectfully quote them hereunder as latter are employed or on the occasion of their
our STATEMENT OF FACTS for the purpose of this functions; (b) employers are likewise liable for
appeal. damages caused by their employees and household
helpers acting within the scope of their assigned task
Before entering into a discussion of the merits of (Article 2180 of the Civil Code); and
plaintiff's appeal, We will say a few words as to the (c) employers and corporations engaged in any kind of
nature of the action on which his demand for damages industry are subsidiarily civilly liable for felonies
is predicated. committed by their employees in the discharge of their
duties (Art. 103, Revised Penal Code), plaintiff herein
The nature of an action as in contract or in tort is does not maintain this action under the provisions of
determined from the essential elements of the any of the articles of the codes just mentioned and
complaint, taken as a whole, in the case of doubt a against all the persons who might be liable for the
construction to sustain the action being given to it. damages caused, but as a result of an admitted breach
of contract of carriage and against the defendant
While the prayer for relief or measure of damages employer alone. We, therefore, hold that the case at
sought does not necessarily determine the character of bar does not come within the exception of paragraph 1,
the action, it may be material in the determination of Article 2219 of the Civil Code.
the question and therefore entitled to consideration
and in case of doubt will open determine character of The present complaint is not based either on a "quasi
the action and indeed there are actions whose delict causing physical injuries" (Art. 2219 par. 2, of the
character is necessarily determined thereby. (1 C.J.S. Civil Code). From the report of the Code Commission on
1100) the new Civil Code We copy the following:
A question of nomenclature confronted the
A mere perusal of plaintiff complaint will show that his Commission. After a careful deliberation, it was agreed
action against the defendant is predicated on an to use the term "quasi-delict" for those
alleged breach of contract of carriage, i.e., the failure obligations which do not arise from law, contracts
of the defendant to bring him "safely and without quasi-contracts or criminal offenses. They are known in
mishaps" to his destination, and it is to be noted that Spanish legal treatises as "culpa aquiliana", "culpa-
the chauffeur of defendant's taxicab that plaintiff used extra-contractual" or "cuasi-delitos". The phrase
when he received the injuries involved herein, Gregorio "culpa-extra-contractual" or its translation "extra-
Mira, has not even been made a party defendant to contractual fault" was eliminated because it did not
this case. exclude quasi-contractual or penal obligations.
"Aquilian fault" might have been selected, but it was
Considering, therefore, the nature of plaintiff's action in thought inadvisable to refer to so ancient a law as the
this case, is he entitled to compensation for moral "Lex Aquilia". So "quasi-delicts" was chosen, which
damages? Article 2219 of the Civil Code says the more nearly corresponds to the Roman Law
following: classification of obligations, and is in harmony with the
ART. 2219. Moral damages may be recovered in the nature of this kind of liability.
following and analogous cases:
(1) A criminal offense resulting in physical injuries; The Commission also thought of the possibility of
(2) Quasi-delicts causing physical injuries; adopting the word "tort" from Anglo-American Law. But
(3) Seduction, abduction, rape, or other lascivious acts; "tort" under that system is much broader than the
(4) Adultery or concubinage; Spanish-Philippine concept of obligations arising from
3
non-contractual negligence." "Tort" in Anglo-American (8) in actions for indemnity under workmen's
jurisprudence includes not only negligence, but also compensation and employers liability laws;
intentional criminal acts, such as assault and battery, (9) In a separate civil action to recover civil liability
false imprisonment and deceit. In the general plan of arising from a crime;
the Philippine legal system, intentional and malicious (10) When at least double judicial costs are awarded;
are governed by the Penal Code, although certain (11) In any other case where the court deems it just
exceptions are made in the Project. (Report of the Code and equitable that attorney's fees and expenses of
Commission, pp. 161-162). litigation should be recovered.
In all cases, the attorney's fees and expenses of
In the case of Cangco vs. Manila Railroad, 38 Phil. 768, litigation must be reasonable.
We established the distinction between obligation
derived from negligence and obligation as a result of a The present case does not come under any of
breach of a contract. Thus, We said: exceptions enumerated in the preceding article,
It is important to note that the foundation of the legal specially of paragraph 2 thereof, because defendant's
liability of the defendant is the contract of carriage, failure to meet its responsibility was not the plaintiff to
and that the obligation to respond for the damage litigate or to incur expenses to protect his interests.
which plaintiff has suffered arises, if at all, from the The present action was instituted because plaintiff an
breach of that contract by reason of the failure of exorbitant amount for damages (P60,000) and
defendant to exercise due care in its performance. That naturally the defendant did not and could not yield to
is to say, its liability is direct and immediate, differing such demand. This is neither a case that comes under
essentially in the legal view point from that paragraph 11 of Article 2208 because the Lower Court
presumptive responsibility for the negligence of its did not deem it just and equitable to award any
servants, imposed by Article 1903 of the Civil amount for attorney's fees. As We agree with the trial
Code (Art. 2180 of the new), which can be rebutted by Judge on this point, We cannot declare that he erred for
proof of the exercise of due care in their selection or not awarding to plaintiff any such fees in this case.
supervision. Article 1903 is not applicable to obligation
arising EX CONTRACTU, but only to extra-contractual Coming now to the appeal of the defendant, the Court,
obligations or to use the technical form of after due consideration of the evidence appearing on
expression, that article, relates only to CULPA record:
AQUILIANA and not to CULPA CONTRACTUAL. (1) Approves the award of P700 for medicine, doctors'
fees and transportation expenses;
The decisions in the cases of Castro vs. Acro Taxicab (2) Reduces the award of P3,000 as attorney's fees to
(82 Phil., 359, 46 Off. Gaz., Na. 5, p. 2023); Lilius et al. the sum of P2,000, as Manolo Maddela, defendant in
vs. Manila Railroad, (59 Phil. 758) and others, wherein Criminal Case No. 364 of the Court of First Instance of
moral damages, are awarded to the plaintiffs, are not Nueva Vizcaya testified that he has already paid to
applicable to the case at bar because said decisions plaintiff part of the latter's fees of P3,000, the amount
were rendered before the effectivity of the new Civil of which was not disclosed, though it was incumbent
Code (August 30, 1950) and for the further reason that upon the plaintiff to establish how much he had been
the complaints filed therein were based on different paid of said fees;
causes of action. (3) Approves the award of P200 as unearned
professional fees as attorney for the defendant in Civil
In view of the foregoing the sum of P2,000 awarded as Case No. 238191 of the Municipal Court of Manila
moral damages by the trial Court has to be eliminated, whom plaintiff was unable to represent, and for the
for under the law it is not a compensation awardable in latter's failure to take the deposition of one Agripina
a case like the one at bar. Angrepan due to the automobile accident referred to in
this case.
As to plaintiff's demand for P5,000 as attorney's fees,
the Civil Code provides the following: Before closing this decision We deem it convenient to
ART, 2208. In the absence of stipulation, attorney's quote the following passage of defendant's brief as
fees and expenses of litigation, other than judicial appellant:
costs, cannot be recovered, except: Realizing its obligation under its contract of carriage
(1) When exemplary damages are awarded; with the plaintiff, and because the facts of the case, as
(2) When the defendant's act or omission has have been shown, mark it as more proper for the
compelled the plaintiff to litigate with third persons or Municipal Court only, the defendant, to avoid the
to incur expenses to protect his interest; expense and time of litigation, offered to settle the
(3) In criminal cases of malicious prosecution against case amicably with plaintiff, but the latter refused and
the plaintiff; insisted on his demand for P72,050.20 (Exhibit K) as
(4) In case of a clearly unfounded civil action or the only basis for settlement, thus adding a clearly
proceeding against the plaintiff; petty case to the already overflowing desk of the
(5) Where the defendant acted in gross and evident Honorable Members of this Court.
had faith in refusing to satisfy the plaintiff's plainly
valid, just and demandable claim; We admire and respect at all times a man for standing
(6) In actions for legal support; up and fighting for his rights, and when said right
(7) In actions for the recovery of wages of household consists in injuries sustained due to a breach of a
helpers, laborers and skilled workers; contract of carriage with us, sympathy and
understanding are added thereto. But when a person
4
starts demanding P72,050.20 for a solitary bruise and NOR PRETEND IN THE LEAST to Collect from the
sprain, injuries for which the trial court, even at its defendant all the damages he had claimed in his
generous although erroneous best, could only grant complaint, but instead he is submitting his case to the
P5,900, then respect and sympathy give way to sound discretion of the Honorable Court for the award
something else. It is time to fight, for, in our humble of a reasonable and equitable damages allowable by
opinion, there is nothing more loathsome nor truly law, to compensate the plaintiff of the suffering and
worthy of condemnation than one who uses his injuries losses he had undergone and incurred of the accident
for other purposes than just rectification. If plaintiff's oftentimes mentioned in this brief in which plaintiff was
claim is granted, it would be a blessing, not a injured" (p. 17-18).This acknowledgment comes too
misfortune, to be injured. (p. 34-35) late, for plaintiff has already deprived the Court of
Appeals of the occasion to exercise its appellate
This case was instituted by a lawyer who, as an officer jurisdiction over this case which he recklessly dumped
of the courts, should be the first in helping Us in the to this Court. We certainly cannot look with at favor at
administration of justice, and after going over the his attitude of plaintiff.
record of this case, we do not hesitate to say that the
demand of P72,050.20 for a subluxation of the right WHEREFORE, the decision appealed from is hereby
humerus bone and an insignificant contusion in the modified by reducing the amount awarded as
chest, has not even the semblance of reasonableness. professional fees from P3,000 to P2,000 and by
As a matter of fact, Dr. Aguilar himself said that the x- eliminating the moral damages of P2,000 awarded by
ray plates (Exhibits A, Band C) " did not show anything the Lower Court to the plaintiff. Said decision is in all
significant except that it shows a slight subluxation of other respects affirmed, without pronouncement as to
the right shoulder, and that there is a suspicious costs. It is so ordered.
fracture", which ultimately he admitted not to exist.
Bengzon, Padilla, Montemayor, Reyes, A., Bautista
The plaintiff himself must have felt embarrassed by his Angelo, Labrador, Concepcion, Reyes, J.B.L. and
own attitude when after receiving defendant's brief as Endencia, JJ., concur.
appellant, he makes in his brief as appellee the
categorical statement that he DOES NOT NOW INSIST