Case Digest (G.R. No. L-8721)
Facts:
On December 13, 1952, Atty. Tranquilino F. Cachero, the plaintiff and appellant, boarded a Yellow Taxicab owned by the Manila Yellow Taxicab Co., Inc. and driven by Gregorio Mira Abinion. While traveling on Oroquieta Street in Manila, the cab collided with a Meralco post, resulting in significant damage to the vehicle and causing Cachero to fall out and sustain physical injuries, which were deemed slight in nature. Following the incident, the driver was prosecuted and sentenced to one month and one day of arresto mayor after pleading guilty. On December 17, 1952, Cachero sent a letter to the taxicab company demanding P79,245.65 for various damages, including medical expenses and moral damages. The company attempted to settle the matter amicably, but Cachero insisted on a reduced amount of P72,050.20, which the company did not accept. Consequently, Cachero filed a complaint on February 2, 1953, in the Court of First Instance of Manila, seeking damages and attorney's fees. ...
Case Digest (G.R. No. L-8721)
Facts:
Incident Details:
- On December 13, 1952, Tranquilino F. Cachero, a lawyer, boarded a taxicab owned by Manila Yellow Taxicab Co., Inc., driven by Gregorio Mira Abinion.
- While passing Oroquieta Street between Doroteo Jose and Lope de Vega streets, the taxicab collided with a Meralco post, causing the vehicle to smash and Cachero to fall out, sustaining physical injuries.
Legal Proceedings:
- The driver, Gregorio Mira Abinion, was prosecuted and pleaded guilty. He was sentenced to one month and one day of arresto mayor by the Municipal Court of Manila on February 26, 1953.
- Cachero sent a demand letter to the taxicab company on December 17, 1952, followed by another on January 6, 1953, claiming P79,245.65 for damages, including medical expenses, moral damages, and lost income.
- The taxicab company offered to settle, but Cachero reduced his demand to P72,050.20, which was rejected.
Trial Court Decision:
- Cachero filed a lawsuit on February 2, 1953, seeking P72,050.20 in damages, P5,000 in attorney’s fees, and other reliefs.
- The trial court awarded Cachero:
- P700 for medical expenses, doctor’s fees, and transportation.
- P3,000 for unearned professional fees in a criminal case.
- P200 for unearned professional fees in a civil case.
- P2,000 in moral damages.
- The taxicab company’s counterclaim for P930 was dismissed.
Appeals:
- Both parties appealed. Cachero contested the inadequacy of moral damages and the denial of attorney’s fees.
- The taxicab company challenged the awards for medical expenses, unearned professional fees, and moral damages.
Medical Evidence:
- Cachero suffered a subluxation of the right shoulder joint, a contusion on the right chest, and a suspected fracture (later deemed non-existent).
- He received treatment from the National Orthopedic Hospital and a private practitioner, Dr. Modesto Purisima.
Issue:
- Whether Cachero is entitled to moral damages under the Civil Code.
- Whether the trial court erred in awarding P3,000 for unearned professional fees.
- Whether the trial court erred in awarding P2,000 in moral damages.
- Whether Cachero is entitled to attorney’s fees.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)