G.R. No.

L-20392 | December 18, 1968

 A mishap occurred at about 5:30 in the morning of
March 24, 1958 on Highway 54 (now E. de los Santos
Avenue)

 CAEDO was driving his Mercury.

 Cadillac of YU KHE THAI, with his driver RAFAEL

BERNARDO at the wheel.
 Caedo was driving his mercury at 40 to 50
kilometers per hour

 Bernardo driving Thai’s Cadillac at

approximately 48 to 56 kilometers per hour.

 Ahead of the Cadillac, going in the same

direction, was a caretella owned by a certain
Pedro Bautista.
 The carretela was provided with two lights
 Bernardo veered to the left in order to pass.
 As he did so the curved end of his car's right
rear bumper caught the forward rim of the
rig's left wheel, wrenching it off and
carrying it along as the car skidded
obliquely to the other lane, where it collided
with the oncoming vehicle.
 Caedo, confronted with the unexpected situation,
tried to avoid the collision at the last moment by going
farther to the right, but was unsuccessful.

 As a result of a vehicular accident in which plaintiff

Marcial Caedo and several members of his family were
injured they filed this suit for recovery of damages
from the defendants.
1. Whether or not Rafael Bernardo‘s must be held liable
for the damages suffered by the plaintiffs.

2. Whether or not Yu Khe Thai, as owner of the

Cadillac, is solidarily liable with the driver.
 In motor vehicle mishaps, the owner is solidarily liable
with his driver, if the former, who was in the vehicle,
could have, by the use of due diligence, prevented the
misfortune. It is disputably presumed that a driver was
negligent, if he had been found guilty of reckless
driving or violating traffic regulations at least twice
within the next preceding two months.
HELD

The imputation of liability to Yu Khe

Thai, solidarily with Rafael
Bernardo, is an ERROR.
 The trial court awarded PHP 48,000 by way of MORAL
DAMAGES.
 Plaintiff’s appealed from the award claiming that the
court should have granted also actual or compensatory
damages aggregating PHP 225,000 for the injuries they
sustained.
 Defendants argued that the moral damages awarded to
Caedo is excessive and should be reduced.
  ACTUAL DAMAGES to be
compensable, must be proven.
PAIN and Suffering are not capable
of PECUNIARY estimation but of
MORAL DAMAGES
 The trial court stated that the moral
damages awarded to Caedo are not excessive
.
 Defendant-apellant Yu Khe Thai was free
from liabilty and Rafael Bernardo held liable
for the costs.