Case Digest (G.R. No. L-66274)
Facts:
Bagumbayan Corporation v. Intermediate Appellate Court, Lelisa Sena and Arturo Sena, G.R. No. L-66274, September 30, 1984, Supreme Court Second Division, Aquino, J., writing for the Court.The respondents Lelisa Sena and Arturo Sena (the Senas) attended a Reycard Duet show at the Tropical Palace Hotel, Parañaque on December 20, 1976 with their four children. While seated and having ordered drinks, a waiter named Baez allegedly overturned a tray and spilled the drinks on Mrs. Sena, drenching her, wetting and allegedly destroying her dress, handbag and shoes (which she valued at P1,000). Mrs. Sena experienced shock and embarrassment, was escorted to the ladies' room where she removed wet clothing without being given a towel or a chair, remained away about thirty minutes, and returned to the hall after the show had begun.
The Senas sued Bagumbayan Corporation, the employer of the waiter, invoking quasi-delict under Articles 2176 and 2180 of the Civil Code and claimed actual damages (P200,000), attorney's fees (P10,000), and moral and exemplary damages (P100,000 each). The corporation answered, apologized, characterized the incident as fortuitous, and asserted that it exercised the diligence of a prudent paterfamilias; it also stated that it would have apologized and taken measures had it known of the incident that night.
At trial the court awarded actual damages of P1,540 (the outfit's value plus P540 for the six tickets), moral damages of P50,000, exemplary damages of P10,000, and attorney's fees of P5,000. The corporation appealed to the Intermediate Appellate Court (IAC), which affirmed but reduced moral damages to P15,000 and exemplary damages to P5,000. The petitioner then brought this appeal to the Supreme Court. The Second Division rendered judgment modifying the IAC decision and eliminatin...(Subscriber-Only)
Issues:
- Are moral damages recoverable from Bagumbayan Corporation for the embarrassment and mental suffering suffered by Mrs. Sena due to the spilled drinks?
- Are exemplary damages proper under the circumstances of this quasi-delict?
- What relief, if any, should be awarded to the Senas as actual damages, litigation expe...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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