Clara Marcelo v. El Chino Velasco

Summary

This landmark 1908 case established important precedent on damages recoverable under Civil Code Article 1902 for negligence-caused personal injury. Clara Marcelo sued El Chino Velasco after iron pieces fell on her in his store, breaking both legs and requiring eight months hospitalization. While the Supreme Court affirmed the P2,368.24 award for medical expenses and lost profits during disability, it significantly held that damages for pain and suffering are not recoverable under Philippine law, distinguishing from American jurisprudence. The Court interpreted Civil Code provisions as limiting recovery to actual pecuniary losses and lost profits only, not physical pain experienced. This established a restrictive approach to tort damages that influenced Philippine negligence law for decades, emphasizing quantifiable economic losses over subjective suffering in personal injury cases.