Globe-MacKay Cable & Radio Corporation vs George Barrios and Olga Theresa Barrios

G.R. No. L-60859 – 119 SCRA 461 – Civil Law – Torts and Damages – Moral Damages

Globe McKay Cable and Radio Corporation failed to deliver to spouses George and Olga Barrios a cablegram from Mercy Hospital, Buffalo, New York admitting Olga for a rotating internship in the said hospital, as a consequence of which she was unable to signify her acceptance and the position was given to someone else. Thus, the spouses filed for damages. The trial court granted the award of damages.

ISSUE: Whether or not the respondent spouses are entitled to the award of damages.

HELD: Yes. The Supreme Court agree with the finding of the trial court that such failure to deliver the cablegram caused loss of earnings, serious anxiety and sleepless nights for which the Globe-MacKay should be held liable. However, the award for damages by the trial court and affirmed by the Court of Appeals was found to be excessive. The awards for damages were modified. Moral damages was lowered from 50k to 5k. It appears that Olga was able to secure a better paying job six months after the incident.

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