Munsayac V de Lara

MUNSAYAC v DE LARA
G.R. No. L-21151|June 26, 1968

 Benedicta De Lara, a passenger on a jeepney owned and operated by Lourdes Munsayac, filed an action for
recovery of damages against the latter in the CFI of Rizal
- She suffered injuries while riding as a passenger on said jeep
 CFI found the driver recklessly negligent because he drove at an excessive speed, unmindful of the fact that the
road was under repair, heedless of the passengers' pleas that he go more slowly
 Ordered Munsayac to pay: P1000 as exemplary damages, and P500 as attorney's fees
 CA affirmed the CFI ruling, quoting the lower court's justification of the award
 Defendant admitted that the accident happened and that the plaintiff's extensive injuries came as a result
thereof
 Despite which the defendant failed, or even refused, to placate the sufferings of plaintiff
 Thus, necessitating the filing of this action, which entitled plaintiff to exemplary damages — to set an
example to others — and attorney's fees.
 Raising the case to the SC, by a petition for review on certiorari, Munsayac argued that the act referred to in Art.
2232 must be one which is coetaneous with, and characterizes the breach of contract on which the suit is based
 NOT one which is SUBSEQUENT to the breach (i.e. her failure to placate the sufferings of the plaintiff)
 No causal relation thereto
ISSUE: W/N De Lara is entitled to exemplary damages – NO
 Munsayac relied on Rotea v Halili, wherein the Court said:
 According to the rule adopted by many courts, a principal or master can be held liable for exemplary or
punitive damages based upon the wrongful act of his agent or servant only where he participated in the
doing of such wrongful act or has previously authorized or subsequently ratified it with full knowledge of
the facts
 Reasons given for this rule are that
 Since damages are penal in character then the motive authorizing their infliction will not be imputed
by presumption to the principal when the act is committed by an agent or servant
 Since they are awarded not by way of compensation, but as a warning to others, they can only be
awarded against one who has participated in the offense
o The principal therefore cannot be held liable for them merely by reason of wanton, oppressive or
malicious intent on the part of the agent
 SC finds Munsayac's argument well-taken
 It is difficult to conceive how the defendant in a breach of contract case could be held to have acted in a
wanton, fraudulent, reckless, oppressive or violent manner within the meaning of Article 2232 for something
he did or did not do after the breach, which had no causal connection therewith
 The law does not contemplate a vicarious liability on his part:
 the breach is his as party to the contract only if he is to be held liable at all for exemplary damages by
reason of the wrongful act of his agent, it must be shown that he had previously authorized or
knowingly ratified it thereafter
 The Court found that there was no evidence of previous authority or subsequent ratification by Munsayac insofar
as the recklessness of the driver was concerned
 Mere statement that Munsayac failed or refused to placate the suffering of De Lara was TOO TENUOUS a
basis to warrant the conclusion that Munsayac approved of the wrongful act of his servant with full
knowledge of the facts
 It is not enough to say that an example should be made, or corrective measures employed, for the public
good, especially in accident cases where public carriers are involved
o For the causative negligence in such cases is personal to the employees actually in charge of the
vehicles = It is they who should be made to pay this kind of damages by way of example
 Unless by the demonstrated tolerance or approval of the owners they themselves can be held
at fault and their fault is of the character described in Article 2232 of the Civil Code
 Otherwise there would be practically no difference between their liability for exemplary
damages and their liability for compensatory damages
DISPOSITIVE PORTION
IN VIEW OF THE FOREGOING, the judgment appealed from is modified by eliminating the award for exemplary damages,
and affirmed with respect to the attorney's fees. No pronouncement as to costs.

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MUNSAYAC v DE LARA

G.R. No. L-21151|June 26, 1968

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