Cachero v.

Manila Yellow Taxicab

FACTS: Atty. Cachero, plaintiff herein, boarded a taxicab owned by the Manila Yellow Taxicab Co., Inc. The said
taxicab bumped against a Meralco post. The taxicab was badly smashed and the plaintiff fell out of the vehicle to the
ground. As a result of the accident, he suffered slight physical injuries. The driver of the taxi was prosecuted and
convicted criminally. Respondent herein offered to settle the case and the plaintiff demanded the amount of
P79,245.65 as for damages. Respondent refused to pay the said amount. Plaintiff then proceeded to file a case to
recover the same amount through the courts. The CFI rendered a decision in favor of the plaintiff and ordered that
respondent pay the amount of P700 for medical and transportation allowances, attorneys fees and professional fees.
Both parties appealed and the decision was affirmed.

ISSUE: Whether or not Cachero is entitled to recover damages other than those already awarded.

HELD: The Court modified the decision of the lower court. The award of professional fees were reduced to P2, 000
and the award of moral damages of P2, 000. Plaintiff in this case did not maintain his action against all persons liable
for the breach of the contract of common carriage. Since he did not include the driver in this complaint he may not
recover moral damages. Respondent herein did not commit any criminal offense against the plaintiff; it was the driver
who was the reason behind the injury. This case does not fall under Article 2219 of the NCC therefore he is not
entitled to be awarded moral damages.