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Micole Kate C. Quijano LEGAWRI K31Case Digest: RCPI vs. Court of Appeals & Minerva & Flores TimanG.R. No. 79578 March 13, 1991

Facts:

On January 24, 1983, respondent-spouses, Minerva and Flores Timan sent a telegram

of condolence to their cousins, Mr. and Mrs. Hilario Midoranda, at Trinidad, Calbayog City,

through petitioner, Radio Communications of the Philippines (RCPI) at Cubao, Quezon City,

in order to give their deepest sympathy for the death of the mother in law of Hilario

Midoranda. The content of the telegram was: Mr. and Mrs. Hilario Midoranda. May God

give you courage and strength to bear your loss. Our deepest sympathy to you and members

of the family. Miner and Flory . The telegram was correctly transmitted the same way the

written text was. However, the condolence message communicated and delivered to the

addressees was typewritten on a Happy Birthday card and placed inside a Christmasgram

envelope. This caused Timan to demand an explanation, as he believed that it was done

intentionally and with gross breach of contract, which ridiculed and humiliated the Timan

couple and the addressees. RCPI explained via letters, dated March 9 and April 20, 1983, and

the Timans were unconvinced and filed a complaint for damages.

Issue:Whether or not RCPI is liable of damages for gross breach of contract for sending

Timans condolence telegram in a Happy Birthday card and a Christmasgram envelope.

Ruling:

The court ruled that RCPI is liable of damages to the amount of Php 30,848.05 as

actual damages and compensatory damages, Php 10,000 as moral damages, Php 5,000 as

exemplary damages and Php 5,000 as attorneys fees.RCPI, being in a service and telecommunications business that affects public interest,

is bound to exercise with due diligence the performance of their obligations. Although the

message was transmitted correctly, the telegram was meant to be for condolence and

sympathy. It is absurd that a message of condolence would be placed in a birthday card and

delivered in a Christmas envelope as this ridicules the deceaseds relatives and ruins the

atmosphere of grief and sympathy for the deceased. This error is equivalent to committing

fraud, malice or bad faith as anyone who avails of RCPIs facilities have a choice to send

their message in ordinary form, which is on plain newsprint paper or in a social form, which

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is with its proper decorations and embellishments. It is evident that when RCPI typed the

message in a birthday card and sealed in a Christmas envelope, it is committing breach of

contract, gross negligence and misconduct, therefore, will make them liable for damages. The

excuse saying that they ran out of social condolence cards and envelopes is unacceptable as

there could have been the option of sending it ordinarily instead and reimbursed the Timans

afterwards. The telegram that was sent became a joke and a mockery among the deceased

familys friends, relatives and associates, which caused much embarrassment and distress to

Minerva Timan, who then suffered nervousness and hypertension and was confined for three

days beginning April 4, 1983, at Capitol Medical Center. There was gross negligence on the

part of RCPI personnel in transmitting the wrong telegram, of which RCPI must be held

liable for wanton misconduct.

Controlling Issue:

Whether or not RCPI is liable of damages for gross breach of contract for sending

Timans condolence telegram in a Happy Birthday card and a Christmasgram envelope.

Legal Dispute:

Timans claim against RCPI as they acted with gross negligence, misconduct, reckless

manner and breach of contract.

RCPIs claim that they correctly transmitted the text of the telegram with error on the

social form and envelope, therefore, is not liable for negligence.