Title
Telefast Communications/Philippine Wireless, Inc. vs. Castro Sr.
Case
G.R. No. 73867
Decision Date
Feb 29, 1988
Telegram company failed to transmit death notice, preventing family from attending funeral; held liable for breach, gross negligence, and awarded damages.
Font Size:

Case Digest (G.R. No. 73867)

Facts:

Background of the Case:
On 2 November 1956, Consolacion Bravo-Castro passed away in Lingayen, Pangasinan. Her daughter, Sofia C. Crouch, who was vacationing in the Philippines, sent a telegram via Telefast Communications/Philippine Wireless, Inc. (defendant) to her father, Ignacio Castro, Sr., residing in the United States, informing him of Consolacion’s death. The telegram was paid for and accepted by the defendant’s Dagupan office. However, the telegram was never transmitted to its intended recipient.

Consequences of the Breach:
Consolacion was buried with only Sofia present. None of her other children or her husband, who were all in the United States, could attend the funeral. Upon returning to the U.S., Sofia discovered that the telegram had not been delivered.

Legal Action:
The plaintiffs, including Ignacio Castro, Sr. and his children, filed a case for damages against the defendant in the Court of First Instance of Pangasinan, docketed as Civil Case No. 15356. The defendant’s defense was that the failure to transmit the telegram was due to "technical and atmospheric factors beyond its control."

Issue:

  • (Unlock)

Ruling:

  • (Unlock)

Ratio:

  1. Under Article 1170 of the Civil Code, parties who fail to fulfill their obligations due to negligence are liable for damages. The defendant’s failure to transmit the telegram constituted a breach of contract and gross negligence.
  2. Article 2217 of the Civil Code allows for the recovery of moral damages for mental anguish, sorrow, and emotional suffering caused by the defendant’s wrongful act or omission.
  3. Exemplary damages are justified to serve as a warning to telegram companies to exercise due diligence in their services.
  4. Compensatory damages for Sofia C. Crouch are appropriate, as her travel expenses were incurred due to the defendant’s breach.


Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.