Case Digest (G.R. No. 83768)
Facts:
In Radio Communications of the Philippines, Inc. (RCPI) v. Rufus B. Rodriguez, G.R. No. 83768, February 28, 1990, private respondent Rufus B. Rodriguez, President of the World Association of Law Students (WALS), sent two urgent international cablegrams on September 8, 1978 via petitioner RCPI, relayed to Globe Mackay and Radio Corporation, for delivery to Mohamed Elsir Taha in Khartoum, Sudan and Diane Merger in Athens, Georgia, USA. Rodriguez arrived in Khartoum on September 18, 1978 and, finding no one to meet him, was forced to sleep on airport chairs. Taha never received the telegram due to the absence of a P.O. Box in the address, and Merger did not receive hers because she had relocated without forwarding information. On December 8, 1978, Rodriguez sued RCPI and Globe Mackay in the Court of First Instance of Rizal (Civil Case No. Q-26623) for P45,147.00 in actual damages, P200,000.00 in moral damages, and P50,000.00 in exemplary damages. On March 17, 1980, the trial courtCase Digest (G.R. No. 83768)
Facts:
- Background and Procedural History
- On September 8, 1978, Rufus B. Rodriguez, President of the World Association of Law Students (WALS), sent two cablegrams via Radio Communications of the Philippines, Inc. (RCPI), relayed to Globe Mackay and Radio Corporation for overseas transmission—one to Mohamed Elsir Taha in Khartoum, Sudan, and another to Diane Merger in Athens, Georgia, USA.
- The cablegrams were not delivered: Taha did not receive the telegram due to an incomplete address; Merger did not receive hers because she had moved and no forwarding was noted.
- Rodriguez arrived in Khartoum at 9:30 PM on September 18, 1978; nobody met him, forcing him to sleep at the airport. The scheduled WALS conference was cancelled; subsequent meetings were held elsewhere.
- On December 8, 1978, Rodriguez filed a complaint for P45,147 actual damages, P200,000 moral damages, and P50,000 exemplary damages against RCPI and Globe Mackay.
- On March 17, 1980, the Court of First Instance of Rizal awarded P213,148 in total damages (P100,000 moral; P50,000 exemplary; P43,148 actual; P20,000 attorney’s fees). The Court of Appeals affirmed; this Court’s earlier decision (G.R. No. 59311, 134 SCRA 395 [1985]) authorized execution pending appeal only for actual damages.
- In the present petition (G.R. No. 83768), only RCPI challenged liability and the awards of damages and attorney’s fees.
- Contractual and Operational Arrangement
- RCPI, lacking direct foreign facilities, contracted Globe Mackay to transmit its international messages under an inter-connecting agreement; both testified that each transmits the other’s messages domestically/internationally.
- By accepting Rodriguez’s instructions and fees, RCPI undertook a contractual obligation under Articles 1170 and 2176 of the Civil Code to deliver the messages or notify non-delivery.
Issues:
- Whether RCPI is responsible for the non-delivery of the two telegrams despite relaying them to Globe Mackay.
- Whether, under the attendant facts and circumstances, RCPI is liable for:
- Moral damages of P100,000.00;
- Exemplary damages of P50,000.00;
- Actual damages of P43,148.00;
- Attorney’s fees of P20,000.00.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)