OSCAR VENTANILLA, plaintiff-appellant, vs. GREGORIO CENTENO, defendant-appellee.

G.R. No. L-14333 January 28, 1961 PADILLA, J.:

an action to recover damages claimed - by the plaintiff due to the defendant's neglect in perfecting within the reglementary period his appeal from an adverse judgment rendered by the CFI y the case sprang from a civil case, wherein Ventanilla retained the service of Atty. Centeno y decision unfavourable to Ventanilla was received by Centeno , which was not conformable to Centeno and that he wanted to file an appeal by which Ventanilla agreed. y Atty. Centeno wrote a letter to the plaintiff enclosing forms for an appeal bond. Ventanilla, however, instead of executing an appeal bond, and because use of his reluctance to pay the premium on the appeal bond, decided to file a cash appeal bond of P60.00. y 8/18/1955, Ventanilla went to the Office of Atty Centeno but was informed by the clerk that Centeno was in Laguna campaigning for his candidacy as member of Provl Board y Ventanilla issued a P60.00 check and handed it to the clerk with an instruction to give it to Atty Centeno y 8/17, Centeno prepared the motion for extension of time to file the record on appeal, w/c was filed on 8/20 y 8/22. centeno encash the check and went to the office of the Clerk of Court to file the appeal bond y Acdg. To Atty Centeno, it was not accepted because the period of appeal had already expired y The court does not believe Centeno, neither the Clerk of Court, or any of the employees has the right to refuse an appeal bond that is being filed, for it is not in his power to determine whether or not the appeal bond has been filed within the time prescribed by law. In fact the record on appeal was accepted and filed on September 5, 1955, but no appeal bond has been filed by Atty. Centeno RULING: Judgment appealed from is AFFIRMED. RATIONALE: y Art. 2199: one is entitled to an adequate compensation, referred to as actual or compensatory damages. y by not paying the appeal bond of P60, Ventanilla lost his chance to recover from the defendants therein P4,000 and moral & actual damages, w/c he could have recovered if the appeal had duly been perfected y Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shocks, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act or omission. y Art. 2219. Moral damages may be recovered in the following and analogous cases: (1) A criminal offense resulting in physical injuries; (2) Quasi-delicts causing physical injuries; (3) Seduction, abduction, rape, or other lascivious acts; (4) Adultery or concubinage; (5) Illegal or arbitrary detention or arrest; (6) Illegal search; (7) Libel, slander or any other form of defamation; (8) Malicious prosecution (9) Acts mentioned in article 309; (10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.. .Art. 2219 specifically mentions "quasi-delicts causing physical injuries," as an instance when moral damages may be allowed, thereby implying that all other quasi-delicts not resulting in physical injuries are excluded