Chapter 6 Transpo
Chapter 6 Transpo
Chapter 6 Transpo
Applied to CC.
CONCURRENCE WITH THIRD PERSONS The carrier in
If negligence of third persons concurs with the breach (as 1. GF is liable only to pay for the damages that are
in the case where the passenger was injured because the the natural and probable consequences of the
carrier collied with another vehicle), the liability of the breach of the obligation and which the parites
third person who was driving another vehicle and or his have forseen or could have reasonable forseen
employer may be based on quasi-delict. The driver alone at the time the obligation was constituted.
may be held criminally liable and civil liability may be 2. BF, or was guilty of gross negligence, CC is
imposed on him based on delict. The employer is liable for ALL damages, whether can be forseen
subsidiarily liable. or not.
-in case of injury to a passenger due to the negligence of Carriers right of Recourse
the driver of the vehicle on which he was riding and the CC has the right against the employee who committed the
driver of another vehicle, the drivers and the owners of negligent intentional or fraudulent act.
the two vehicles are JOINTLY and SEVERALLY liable for
damages KINDS OF DAMAGES
Damages may be recovered: Art. 2205 (Civil Code) Article 2208. In the absence of stipulation, attorney's
1) For loss or impairment of earning capacity in cases of fees and expenses of litigation, other than judicial costs,
temporary or permanent personal injury; cannot be recovered, except:
2) For injury to the plaintiffs business standing or (1) When exemplary damages are awarded;
commercial credit. (2) When the defendant's act or omission has compelled
the plaintiff to litigate with third persons or to incur
Damages cannot be presumed. The burden of expenses to protect his interest;
proof rests on the plaintiff who is claiming actual (3) In criminal cases of malicious prosecution against the
damages against the carrier. plaintiff;(4) In case of a clearly unfounded civil action or
proceeding against the plaintiff;
In case of goods the plaintiff (5) Where the defendant acted in gross and evident bad
is entitled to their value at the faith in refusing to satisfy the plaintiff's plainly valid, just
time of destruction. The award and demandable claim;
is the sum of money which (6) In actions for legal support;
plaintiff would have to pay in (7) In actions for the recovery of wages of household
the market for identical or helpers, laborers and skilled workers;
essentially similar goods (8) In actions for indemnity under workmen's
For personal injury and even compensation and employer's liability laws;
death the claimant is entitled (9) In a separate civil action to recover civil liability
to all medical expenses as well arising from a crime;
as other reasonable expenses (10) When at least double judicial costs are awarded;
that he incurred to treat his or (11) In any other case where the court deems it just and
her relatives injuries. equitable that attorney's fees and expenses of litigation
In case of death the plaintiff is should be recovered.
entitled to the amount that he In all cases, the attorney's fees and expenses of litigation
spent during the wake and must be reasonable.
funeral of the deceased. But,
expenses after the burial are not
compensable. INTERESTS
12% per annum if it constitutes a loan or
LOSS OF EARNING CAPACITY forbearance of money
6% per annum if it does not constitute loan or
Net Earning Capacity = Life Expectancy x [Gross Annual forbearance of money
Income less Necessary Living Expenses] 12% - for final judgment
No interest, however, shall be adjudged on unliquidated
Life expectancy (2/3 x 80 age at death) claims for damages except when or until the demand can
Net earnings based on the gross income of the be established with reasonably certainty, the interest
victim minus the necessary incidental living shall begin to run form the time the claim is made
expenses which the victim would have incurred if judicially or extrajudicially.
he were alive.
Amount of living expenses must be established. In
the absence of proof, it is fixed at fifty (50%) of the MORAL DAMAGES
gross income. - Includes physical suffering, mental anguish,
Rules on loss of earning apply when the breach of fright, serious anxiety, besmirched reputation,
the carrier resulted in the plaintiffs permanent wounded feelings, moral shock, social
incapacity. humiliation and similar injury.
- Though incapable of pecuniary computation, not for the purpose of indemnifying the
moral damages may be recovered if they were plaintiff for any loss suffered by him.
the proximate result of the defendants - The assessment of nominal damages is left to
wrongful act or omission. the discretion of the court according to the
- Moral damages are not awarded to punish the circumstances of the case.
defendant but to compensate the victim - The award of nominal damages is also justified
- May be recovered when there is death or there in the absence of competent proof of the
is malice or bad faith. (in transportation of specific amounts of actual damages suffered.
passengers) - Cannot co-exist with actual damages.
- Refer to Art. 2219 and 2220 (enumerates cases - There is no loss in nominal damages, unlike in
when moral damages may be awarded) actual and temperate damages, loss is present
- Generally, no moral damages may be awarded which is proven and not proven but rather
where the breach of contract is not malicious. ascertained by the court, respectively.
- Moral damages may be awarded if the
contractual negligence is considered gross
negligence. SECTION 2 Nominal Damages
- Subject to three conditions in transportation
law:
o Death Article 2221. Nominal damages are adjudicated in
o Malice or bad faith (must be done in order that a right of the plaintiff, which has been
the performance of the contract of violated or invaded by the defendant, may be vindicated
carriage) or recognized, and not for the purpose of indemnifying
o Physical Injuries the plaintiff for any loss suffered by him.
- Requisites:
o There must be an injury, whether Article 2222. The court may award nominal damages
physical, mental or psychological, in every obligation arising from any source enumerated
clearly sustained by the claimant
in article 1157, or in every case where any property
o There must be a culpable act or
right has been invaded.
omission factually established
o The wrongful act or omission of the
defendant is the proximate cause of Article 2223. The adjudication of nominal damages
the injury sustained by the claimant shall preclude further contest upon the right involved
o The award of damages is predicated and all accessory questions, as between the parties to
on any of the cases stated in Art. the suit, or their respective heirs and assigns.
2219.
- IN BREACH OF CONTRACT OF AIR CARRIAGE,
may be recovered when
1. the misshap results in the death of a Case: Japan Airlines vs. CA
passenger - The award of moral damages was justified
2. where the carrier is guilty of fraud or bad because JAL failed to make necessary
faith arrangement to transport the plaintiffs on the
3. where the negligence of the carrier is so first available connecting flight to Manila.
gross and reckless as to virtually amount - Only Nominal damages were awarded in the
to bad faith absence of proof of actual damages
NOMINAL DAMAGES
LIQUIDATED DAMAGES
- Refer to Art. 2221-2223 (Civil Code) - Those agreed by the parties to a contract, to be
- It is adjudicated in order that the right of paid in case of breach thereof.
plaintiff may be vindicated or recognized, and
- Ordinarily, the court cannot change the amount Article 2234. While the amount of the exemplary
of liquidated damages agreed upon by the damages need not be proved, the plaintiff must show
parties. However, Art. 2227 of the Civil Code that he is entitled to moral, temperate or compensatory
provides that liquidated damages, whether damages before the court may consider the question of
intended as an indemnity or a penalty, shall be whether or not exemplary damages should be awarded.
equitably reduced if they were iniquitous or In case liquidated damages have been agreed upon,
unconscionable.
although no proof of loss is necessary in order that
such liquidated damages may be recovered,
nevertheless, before the court may consider the
Article 2226. Liquidated damages are those agreed question of granting exemplary in addition to the
upon by the parties to a contract, to be paid in case of liquidated damages, the plaintiff must show that he
breach thereof. would be entitled to moral, temperate or compensatory
damages were it not for the stipulation for liquidated
Article 2227. Liquidated damages, whether intended as damages.
an indemnity or a penalty, shall be equitably reduced if
they are iniquitous or unconscionable. Article 2235. A stipulation whereby exemplary
damages are renounced in advance shall be null and
Article 2228. When the breach of the contract void.
committed by the defendant is not the one
contemplated by the parties in agreeing upon the
liquidated damages, the law shall determine the
measure of damages, and not the stipulation.