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    Cariaga vs. Laguna Tayabas Bus Company DOCTRINE

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    Liz Lorenzo
    This document summarizes a court case between Edgardo Cariaga et al. vs. Laguna Tayabas Bus Company and Manila Railroad Company. The court ruled that 1) moral damages could not be recovered as the case did not fall under the enumerated instances in Article 2219 of the Civil Code, 2) Laguna Tayabas Bus Company could not be held liable for moral damages under Article 2220 as it did not act fraudulently or in bad faith, and 3) only parties to the breached contract of carriage could claim compensatory damages, not third parties like the plaintiffs' parents. The court also ruled that 4) attorney's fees could not be recovered as the case did not fall under any instances

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    Cariaga vs. Laguna Tayabas Bus Company DOCTRINE

    Uploaded by

    Liz Lorenzo
    75 views1 page
    This document summarizes a court case between Edgardo Cariaga et al. vs. Laguna Tayabas Bus Company and Manila Railroad Company. The court ruled that 1) moral damages could not be recovered as the case did not fall under the enumerated instances in Article 2219 of the Civil Code, 2) Laguna Tayabas Bus Company could not be held liable for moral damages under Article 2220 as it did not act fraudulently or in bad faith, and 3) only parties to the breached contract of carriage could claim compensatory damages, not third parties like the plaintiffs' parents. The court also ruled that 4) attorney's fees could not be recovered as the case did not fall under any instances

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    Doctrine of the case (same same)

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    This document summarizes a court case between Edgardo Cariaga et al. vs. Laguna Tayabas Bus Company and Manila Railroad Company. The court ruled that 1) moral damages could not be recovered as the case did not fall under the enumerated instances in Article 2219 of the Civil Code, 2) Laguna Tayabas Bus Company could not be held liable for moral damages under Article 2220 as it did not act fraudulently or in bad faith, and 3) only parties to the breached contract of carriage could claim compensatory damages, not third parties like the plaintiffs' parents. The court also ruled that 4) attorney's fees could not be recovered as the case did not fall under any instances

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    75 views1 page

    Cariaga vs. Laguna Tayabas Bus Company DOCTRINE

    Uploaded by

    Liz Lorenzo
    This document summarizes a court case between Edgardo Cariaga et al. vs. Laguna Tayabas Bus Company and Manila Railroad Company. The court ruled that 1) moral damages could not be recovered as the case did not fall under the enumerated instances in Article 2219 of the Civil Code, 2) Laguna Tayabas Bus Company could not be held liable for moral damages under Article 2220 as it did not act fraudulently or in bad faith, and 3) only parties to the breached contract of carriage could claim compensatory damages, not third parties like the plaintiffs' parents. The court also ruled that 4) attorney's fees could not be recovered as the case did not fall under any instances

    Copyright:

    © All Rights Reserved
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    Cariaga vs.

    Laguna Tayabas Bus Company

    [No. L-11037. December 29, 1960]


    EDGARDO CARIAGA, ET AL., plaintiffs and appellants vs. LAGUNA TAYABAS
    BUS COMPANY, def endant and appellant. MANILA RAILROAD COMPANY,
    defendant and appellee.

    1. 1.DAMAGES; MORAL DAMAGES; RECOVERABLE ONLY IN INSTANCES


    ENUMERATED IN ART. 2219 OF THE CIVIL CODE.—Article 2219 of the Civil
    Code enumerates the instances when moral damages may be recovered. Plaintiffs'
    claim for moral damages not falling under any one of them, the same cannot be
    granted.

    1. 2.ID.; ID.; WHEN RECOVERABLE FOR BREACH OF CONTRACT UNDER ART.


    2220 OF THE CIVIL CODE.—Neither could defendant LTB be held liable to pay
    moral damages to plaintiffs under Art. 2220 of the Civil Code on account of breach of
    its contract of carriage because said defendant did not act fraudulently or in bad faith
    in connection therewith.

    1. 3.ID.; ACTUAL AND COMPENSATORY DAMAGES; ONLY PARTIES TO


    CONTRACTS BREACHED ARE ENTITLED TO COMPENSATORY DAMAGES
    RESULTING THEREFROM—Since the present action is based upon a breach of
    contract of carriage and plaintiff's parents were not a party thereto and were not
    themselves injured as a result of the collision, their claim for actual and
    compensatory damages is without merit.

    4.ATTORNEYS-AT-LAW ; ATTORNEY'S FEES; CASE NOT FALLING UNDER ANY


    OF THE INSTANCES ENUMERATED IN ART. 2208 OF THE ClVIL CODE.—The present
    case not falling under any of the instances enumerated in Article 2208 of the Civil Code,
    plaintiffs are not entitled to recover attorney's fees.

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