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The other point to determine is the "The liability imposed by this article
amount of damages. shall cease in case the persons
mentioned therein prove that they
P1,000 for all fees and expenses exercised all the diligence of a good
would still be reasonable. On the father of a family to prevent the
other hand, the award of P5,000 for damage."
injuries suffered is speculative. If it is The above provision does not make
true that he only stayed 3 days in the any mention of the diligence of a good
hospital and was treated in his house father of a family in the selection of
by Dr. Fores 3 or 4 times then he was the employee, but "to prevent the
not disabled for the rest of his life, damage." Diligence in the selection of
this kind of fracture being curable an employee may be considered as
from 4 to 8 weeks. According to one of the measures to prevent
appellee, his work before the accident damages in general, but it alone is not
was that of a utility man, according enough. The person appointed may be
to appellant's witnesses his work was as perfect a chauffeur as he can be,
that of a dealer in the game of cards. but it cannot be denied that there are
Whether it be the first or the second, many causes that may affect his
certainly his work required no efficiency in the course of his service,
physical exertion. P3,000 would be an such as age, health, incorrect
adequate compensation for pains and instructions, bad company,
disability to work drunkenness. The provision refers,
furthermore, not to damages that may
"We modify the judgment appealed
be caused in general, but to the
from and award appellee P4,000,
specific damage complained of by the
together with lawful interests from
victim.
the filing of the complaint until paid,
and costs." On the interpretation of the word
"damage" as used in article 1902 and
of the words "any damages" of par. (4) general agreement as to the
of article 1903, of the Civil Code. minimum.
words "damage" and damages" are the negligent should make reparation
used by the Civil Code without any for the loss." Following this line of
qualification or limitation. reasoning, in the case of Bernal vs.
Consequently, they should House the Supreme Court awarded
comprehend all that are embraced the plaintiffs therein damages for the
within their meaning. They include death of their child, notwithstanding
any and all damages that a human the lack of satisfactory proof of
being may suffer in any and all the pecuniary loss, saying that "there is
manifestations of his life: physical or nothing in the entire world to
material, moral or psychological, compensate a mother for the death of
mental or spiritual, financial, her child."
economic, social, political, religious. There is every reason why the word
"damage" as used in articles 1902 and
The specific question in controversy is 1903 of the Civil Code should be
whether Juan Castro is entitled to construed in its true meaning, as
recover from Acro an indemnity for including all kinds of human damage,
his "pains." He suffered fever, coughs, regardless of their nature.
five broken ribs, and had undergone
medical treatment. Were his "pains"
among the damages he suffered due
to the accident caused by the reckless
driving of Sancho Ruedas?
They constitute the largest and more
important item of his damages. The
physical, moral and mental suffering
which he endured due to the accident
entailed to him the loss of positive
economic values. The loss of his
personal freedom resulting from his
hospitalization and compulsory
confinement at home for the duration
of his treatment resulted in the loss of
a thing of an unquestionable
economic value.