Tomas Bernal v. J. V. House

Summary

This 1930 Supreme Court En Banc decision involved a negligence case where 5-year-old Purificacion Bernal died from third-degree burns after falling into a street gutter containing hot water from an electric plant during a Holy Friday procession. The trial court dismissed the parents' P15,000 damage claim due to contributory negligence. The Supreme Court reversed, applying Article 1902 of the Civil Code and ruling that contributory negligence should only reduce, not bar, recovery. The Court held that only the mother could recover (not the unrecognizing natural father) and only the franchise holder J.V. House was liable (not the corporation formed later). The Court awarded P1,000 damages, establishing precedent that exact pecuniary loss need not be proven in such cases, and that the law presumes loss due to impossibility of exact computation in cases involving a child's death.