GR L 12306; (October, 1918) (Digest)
G.R. No. L-12306; October 22, 1918
SIMONA MANZANARES, plaintiff-appellee, vs. RAFAEL MORETA, defendant-appellant.
FACTS:
On the morning of March 5, 1916, Salvador Bona, an 8 to 9-year-old child, was run over and killed by an automobile driven by the defendant, Rafael Moreta, on Solana Street. The child’s mother, Simona Manzanares, filed an action to recover damages for the death of her son. The trial court found the defendant liable for the accident and sentenced him to pay the plaintiff P1,000 as indemnity. The defendant appealed, arguing against his liability and the award of damages.
ISSUE:
1. Whether the defendant is liable for the death of the child due to his negligence.
RULING:
The Supreme Court AFFIRMED the trial court’s judgment.
1. On Liability: The Court upheld the trial court’s finding of negligence on the part of the defendant. The evidence showed that the defendant entered Solana Street from Real Street at a high speed without blowing his horn. Had he driven at a moderate speed and taken proper precautions, the accident could have been avoided. The fact that the automobile continued for about two meters after running over the child confirmed the excessive speed. Therefore, the defendant was legally liable for the damages resulting from the child’s death.
2. On Recovery of Damages: The Court, through the main opinion and a concurring opinion, addressed the recoverability of damages for death caused by negligence under the civil law. It was established that, contrary to the common law rule (actio personalis moritur cum persona), an action for damages survives under the civil law derived from Spain, as applicable in the Philippines. The plaintiff, as the mother and next of kin, had a right of action.
Regarding the amount of damages, the Court held that in the case of the death of a young child, exact proof of pecuniary loss (such as loss of services or support) is neither necessary nor always possible. The law presumes a pecuniary loss from the death itself. The trial court could make an intelligent computation based on the facts at hand, such as the child’s age and the mother’s status as a poor widow. The award of P1,000 was deemed neither excessive nor inadequate and was therefore sustained.