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.