Fores v.

Miranda
FACTS: Ireneo Miranda, a professor of Fine Arts, was a passenger of a passenger jeepney registered to
Fores but actuall operated by Sackerman. The vehicle was descending the Sta. Mesa bridge at an
excessive rate of speed, and the driver lost control of the same which caused it to swerve and to hit
the bridge wall. As a result of the accident, Five of the passengers were injured, including the
respondent herein. He suffered a fracture of the upper right humerus. He was taken to the National
Orthopedic Hospital for treatment, and later was subjected to a series of operations. At the time of the
trial, it appears that respondent had not yet recovered the use of his right arm. The driver was charged
with serious physical injuries through reckless imprudence, and upon interposing a plea of guilty was
sentenced accordingly. The lower court awarded actual damages to the respondent. On appeal, the
Court reduced the amount of actual damages and added the award of moral damages and attorneys
fees. Hence this petition.
ISSUE: Whether or not the award of moral damages and attorneys fee was proper.

HELD: The Court held that the award of moral damages is not proper in this case. As a general rule,
moral damages are not awarded to the victim in cases of breach of contract of common carriage. The
exception is that if such accident resulted in the death of the passenger, in which case Article 1764 of
the NCC, makes the carrier subject to Article 2206 of the NCC. In case death did not result from the
accident, moral damages may be recovered if the common carrier is found guilty of gross negligence
amounting to bad faith or malice. In the case at bar there was no bad faith on the part of the common
carrier. Therefore, respondent is not entitled to moral damages. As to the issue of attorneys fee, the
court may moto proprio award moral damages as the case may be. Attorneys fees may be awarded by
the court if it is deemed to be just and equitable. Therefore, the Court set aside the decision of the
Court of Appeals as far as moral damages are concerned.