Case Digest (G.R. No. 104615)
Facts:
On January 21, 1991, Editha Hebron Verchez was confined at the Sorsogon Provincial Hospital. That same day, her daughter Grace Verchez-Infante engaged the Sorsogon branch of Radio Communications of the Philippines, Inc. (RCPI) to send a telegram to her sister Zenaida Verchez-Catibog, residing at 18 Legal St., GSIS Village, Quezon City, reading: “Send check money Mommy hospital.” Grace paid ₱10.50 and received a RCPI receipt. When no reply arrived within three days, Grace dispatched a letter via JRS Delivery Service. On January 26, 1991, Zenaida and her husband, Fortunato Catibog, traveled to Sorsogon but denied receipt of any telegram. They then accompanied Editha to Quezon City, where Editha was admitted to the Veterans Memorial Hospital from January 30 to March 21, 1991. Unbeknownst to Grace, the telegram reached Zenaida only on February 15, 1991—25 days after dispatch—due to alleged “radio noise and interferences” and difficulty locating the address. On March 5, 1991, Editha’Case Digest (G.R. No. 104615)
Facts:
- Parties and Telegram Request
- On January 21, 1991, Editha Hebron Verchez was confined at Sorsogon Provincial Hospital due to illness.
- That same day, her daughter, Grace Verchez-Infante, engaged Radio Communications of the Philippines, Inc. (RCPI) at its Sorsogon branch to send a telegram to Zenaida Verchez-Catibog in Quezon City reading “Send check money Mommy hospital,” and paid P10.50.
- Delay in Delivery and Correspondence
- No response arrived within three days, so Grace sent a letter via JRS Delivery Service reprimanding Zenaida for not sending funds.
- Zenaida traveled to Sorsogon on January 26, 1991, denied receipt of a telegram, and returned with her mother to Quezon City on January 28, 1991; Editha was thereafter confined at Veterans Memorial Hospital from January 30 to March 21, 1991.
- RCPI’s Explanation and Further Attempts
- The telegram was actually delivered on February 15, 1991—25 days after its sending—after two failed delivery attempts caused by radio interference and difficulty locating the address.
- On March 5, 1991, Editha’s husband Alfonso Verchez wrote to RCPI demanding explanation; on March 13, RCPI attributed the delay to “radio noise and interferences” and repeated transmission.
- Litigation History
- Verchez requested a conference set for July 23, 1991; RCPI failed to appear. Editha died on April 17, 1992.
- On September 8, 1993, Verchez, Grace and Zenaida (with their spouses) filed suit in RTC Sorsogon for moral and exemplary damages and attorney’s fees.
- The RTC denied RCPI’s venue motion, found no force majeure, ruled the limitation clause adhesive and void, and awarded P100,000 moral damages and P20,000 attorney’s fees.
- The Court of Appeals affirmed on February 27, 2004. RCPI petitioned for certiorari raising two issues: propriety of moral damages without direct causation, and whether the telegram form was a contract of adhesion.
Issues:
- Moral Damages
- Is the award of moral damages proper despite the trial court’s finding of no direct causal link between RCPI’s delay and Editha’s death?
- Were the legal requisites for awarding moral damages under Articles 2219 and 2220 of the Civil Code satisfied?
- Contract of Adhesion
- Do the stipulations in the “Telegram Transmission Form” constitute a contract of adhesion?
- If so, does that classification render RCPI’s limitation-of-liability clause void?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)