G.R. No. 79578 – 195 SCRA 147 – Civil Law – Torts and Damages – Award of Exemplary Damages
In January 1983, the spouses Flores and Minerva Timan sent a telegram to their relatives Mr. and Mrs. Midoranda to express their condolences to the latter spouses. The Timans used the Radio Communications of the Philippines, Inc. (RCPI) to send the telegram. The message in the telegram was:
RCPI delivered the correct message however, RCPI typed the message of condolences on a birthday card and then placed the birthday card in a Christmas envelope. And so when the spouses Midoranda received the telegram, they were embarrassed.
When the spouses Timan learned of this, they too were embarrassed. Mrs. Timan was too embarrassed that she suffered nervousness and hypertension which led to her confinement in a hospital.
Eventually, the Timans sued RCPI for damages. The trial court ruled in favor of the Timans. The Court of Appeals affirmed the trial court. RCPI was ordered to pay the Timans P30k for actual and compensatory damages, P10k for moral damages, P5k for exemplary damages, and P5k for attorney’s fees.
In its defense, RCPI averred that typing of the message onto a birthday card and then placing the same in a Christmas envelope was an error in good faith. RCPI is also contesting the award of exemplary damages, among others, in favor of the Timans on the ground that it cannot be held liable for such because it committed no crime.
ISSUE: Whether or not RCPI is correct.
HELD: No. The act complained of is not a mere error in good faith. The message sent by the Timans was clearly denominated as a “telegram of condolence”. It is therefore quite odd for RCPI to place the same on a birthday card enclosed in a Christmas card. Such act is a clear showing of carelessness and incompetence; it not only render violence to good taste and common sense, they depict a bizarre presentation of the sender’s feelings. They ridicule the deceased’s loved ones and destroy the atmosphere of grief and respect for the departed.
Anent the issue of exemplary damages, it has been held that in contracts and quasi-contracts, exemplary damages may be awarded if the defendant acted in a wanton, fraudulent, reckless, oppressive or malevolent manner. There was gross negligence on the part of RCPI personnel in transmitting the controversial telegram, of which RCPI must be held liable. Gross carelessness or negligence constitutes wanton misconduct.
