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.

Case Digest (G.R. No. 132319)
Expanded Legal Reasoning Model

Facts:

  • Death of Consolacion Bravo-Castro
    • On November 2, 1956, Consolacion Bravo-Castro, wife of Ignacio Castro Sr. and mother of the other plaintiffs, died in Lingayen, Pangasinan.
    • Her burial took place on the same day with only her daughter Sofia C. Crouch in attendance.
  • Telegram Contract and Non-Transmission
    • Also on November 2, 1956, Sofia C. Crouch, then vacationing in the Philippines, engaged Telefast Communications/Philippine Wireless, Inc. (petitioner) to send a death notification telegram to her father, Ignacio Castro Sr., at 685 Wanda, Scottsburg, Indiana, U.S.A., 47170.
    • Petitioner accepted payment of the required fees, accepted the message at its Dagupan office, but failed to transmit the telegram and did not notify Sofia of any transmission problem.
  • Injury and Suit
    • Upon returning to the United States, Sofia learned that the telegram had never been received; neither her father nor her siblings were informed and none attended the funeral.
    • Sofia and her siblings then filed Civil Case No. 15356 in the Court of First Instance of Pangasinan, seeking damages for petitioner’s breach of contract and negligence.
  • Trial Court and Intermediate Appellate Court Decisions
    • The trial court found petitioner liable for breach of its obligation and awarded:
      • P31.92 (telegram fee) plus P16,000 compensatory and P20,000 moral damages to Sofia;
      • Moral damages ranging from P10,000 to P20,000 for each of the other plaintiffs;
      • Exemplary damages of P1,000 each; P5,000 attorney’s fees; costs.
    • On appeal (AC-G.R. No. CV-70245), the Intermediate Appellate Court:
      • Affirmed liability;
      • Eliminated Sofia’s P16,000 compensatory award;
      • Eliminated P1,000 exemplary damages per plaintiff;
      • Reduced certain moral damages from P20,000 to P10,000.

Issues:

  • Whether petitioner’s negligent non-transmission of the telegram constitutes breach of contract and gives rise to damages beyond the paid fee.
  • Whether moral damages are recoverable in the absence of fraud, malice or gross recklessness.
  • Whether exemplary damages and the expenses of Sofia’s travel to testify are warranted and recoverable.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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