Expertravel v. CA

Expertravel v.
CA o Although incapable of pecuniary computation, moral damages,

Moral damages; malicious prosecution | June 25, 1999 | J. Vitug nevertheless, must somehow be proportional to and in approximation of
the suffering inflicted.
SUMMARY: Expertravel issued to Ricardo Lo 4 round-trip plane tickets for Hongkong o Such damages, to be recoverable, must be the proximate result of a
with hotel accommodations and transfers. Alleging that Lo failed to pay, Expert filed a wrongful act or omission the factual basis for which is satisfactorily
complaint for recovery plus damages. RTC and CA ruled in favor of Lo; hence, this established by the aggrieved party.
petition for review on certiorari by Expertravel. o An award of moral damages would require certain conditions to be met,
to wit:
DOCTRINE: Malicious prosecution can also give rise to a claim for moral damages. The 1. First, there must be an injury, whether physical, mental or
term "analogous cases," referred to in Article 2219, following the ejusdem generis rule, psychological, clearly sustained by the claimant;
must be held similar to those expressly enumerated by the law. 2. Second, there must be a culpable act or omission factually
established;
FACTS: 3. Third, the wrongful act or omission of the defendant is the
 Expertravel, a domestic corporation engaged in the travel agency business, issued proximate cause of the injury sustained by the claimant; and
to private respondent Ricardo Lo four round-trip plane tickets for Hongkong, 4. Fourth, the award of damages is predicated on any of the cases
together with hotel accommodations and transfers, for a total cost of P40K. stated in Article 2219.
 Alleging that Lo had failed to pay the amount due, Expertravel caused several  Under the provisions of this law, in culpa contractual or breach of contract, moral
demands to be made. Since the demands were ignored by Lo, Expertravel filed a damages may be recovered when the defendant acted in bad faith or was guilty
court complaint for recovery of the amount claimed plus damages. of gross negligence (amounting to bad faith) or in wanton disregard of his
 Respondent Lo explained, in his answer, that his account with Expertravel had contractual obligation and, exceptionally, when the act of breach of contract itself
already been fully paid. is constitutive of tort resulting in physical injuries.
o The outstanding account was remitted to Expertravel through its then o By special rule in Article 1764, in relation to Article 2206, of the Civil
Chairperson, Ms. Ma. Rocio de Vega, who was theretofore authorized to Code, moral damages may also be awarded in case the death of a
deal with the clients of Expertravel. The payment was evidenced by a passenger results from a breach of carriage.
Monte De Piedad check for which Ms. De Vega issued City Trust check  In culpa aquiliana, or quasi-delict, (a) when an act or omission causes physical
in favor of Expertravel. The invoice of the company also showed that it injuries, or (b) where the defendant is guilty of intentional tort, moral damages
received the sum. may aptly be recovered. This rule also applies, as aforestated, to contracts when
 The lower court held that the payment made by Lo was valid and binding on breached by tort.
Expertravel. This was affirmed by CA.  In culpa criminal, moral damages could be lawfully due when the accused is
o Even on the assumption that Ms. de Vera had not been specifically found guilty of physical injuries, lascivious acts, adultery or concubinage, illegal
authorized by Expertravel, both courts said, the fact that the amount or arbitrary detention, illegal arrest, illegal search, or defamation.
"delivered to the latter remain(ed) in its possession up to the present, o Malicious prosecution can also give rise to a claim for moral damages.
mean(t) that the amount redounded to the benefit of petitioner The term "analogous cases," referred to in Article 2219, following the
Expertravel, in view of the second paragraph of Article 1241 of the Civil ejusdem generis rule, must be held similar to those expressly
Code to the effect that payment made to a third person shall also be valid enumerated by the law.
in so far as it has rebounded to the benefit of the creditor." o Although the institution of a clearly unfounded civil suit can at times be
 In this petition for review on certiorari, Expertravel confines itself to the following a legal justification for an award of attorney's fees, such filing, however,
issues: has almost invariably been held not to be a ground for an award of moral
o Can moral damages be recovered in a clearly unfounded suit? – YES damages. The rationale for the rule is that the law could not have meant
(refer to discussion on malicious prosecution) to impose a penalty on the right to litigate. The anguish suffered by a
o Can moral damages be awarded for negligence or quasi-delict that did person for having been made a defendant in a civil suit would be no
not result to physical injury to the offended party? – NO (refer to different from the usual worry and anxiety suffered by anyone who is
discussion on quasi-delict) haled to court, a situation that cannot by itself be a cogent reason for the
award of moral damages. If the rule were otherwise, then moral damages
ISSUE/S & RATIO: must every time be awarded in favor of the prevailing defendant against
 Moral damages are not punitive in nature but are designed to compensate and an unsuccessful plaintiff.
alleviate in some way the physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shock, social RULING: WHEREFORE, the petition is GRANTED and the award of moral damages to
humiliation, and similar injury unjustly caused to a person. respondent Ricardo Lo under the assailed decision is DELETED. In its other aspects, the
appealed decision shall remain undisturbed. No costs

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