Algarra v. Sandejas, 27 Phil.

284 (1914)

Facts: This is an action for personal injuries by petitioner against respondent. Lucio
Algarra sold products of a distillery on a 10% commission and made an average of P50
per month. He had about twenty regular customers who, it seems, purchased in small
quantities, necessitating regular and frequent deliveries.

On day, he figured in an automobile accident caused by Sandejas negligence. As a result

of the injuries received, plaintiff was obliged to spend 10 days in the hospital, during the
first 4 or 5 of which he could not leave his bed. After being discharged from the hospital,
he received medical attention from a private practitioner for several days.

It is not clear at what time plaintiff became entirely well again, but as the doctor to
whom he described himself as being well stated that this was about the last of July, and
the trial took place September 19, two months' pay would seem sufficient for
the actual time lost from his work. Plaintiff further testified that he paid the doctor
P8 and expended P2 for medicines. This expense, amounting in all to P110, should
also be allowed.

Since the accident his wife had done something in a small way to keep up this business
but the total orders taken by her would not net them over P15. He lost all his regular
customers except for 4, other agents filling their orders since his accident. It took him
about 4 years to build up the business he had at the time of the accident, and he could
not say how long it would take him to get back the business he had lost.

The lower court, while recognizing the justness of his claim, refused to allow him
anything for injury to his business due to his enforced absence therefrom.

Issue: Whether Algarra is entitled to actual/compensatory damages despite absence of

malicious intent on the part of Sandejas who was merely negligent.

Held: YES. The Old Civil Code requires that the defendant repair the damage caused by
his fault or negligence. No distinction is made therein between damage caused
maliciously and intentionally and damages caused through mere negligence in so far as
the civil liability of the wrongdoer is concerned. Nor is the defendant required to do more
than