Case Summary (G.R. No. 115129)
Trial Court Proceedings
Barzaga filed suit in the Regional Trial Court, alleging breach of contract and delay that prevented his wife’s burial on her chosen date. The trial court found Alviar negligent for failing to meet the agreed delivery time, ordered refund of ₱2,110.00 with interest, and awarded temperate, moral, exemplary damages, litigation expenses, and attorney’s fees.
Appellate Court Ruling
The Court of Appeals reversed, holding that no specific delivery time was stipulated in the invoice and that delivery within a “reasonable time” did not equate to petitioner’s precise schedule. It also opined that Barzaga had sufficient time to complete the niche despite any delay.
Issue
Whether the hardware store incurred actionable delay by failing to deliver construction materials at the time verbally agreed, thereby entitling petitioner to damages for breach of a reciprocal obligation.
Ruling
The Supreme Court reversed the Court of Appeals and reinstated the trial court’s liability finding, except for the award of temperate damages.
Reasoning
Verbal Commitment as Contractual Term
The storekeeper’s assurance that materials would be delivered the next morning, in view of no pending afternoon deliveries, constituted a binding term. Inserting the delivery time in the invoice was unnecessary when a clear verbal agreement existed.Negligence and Bad Faith
Respondent’s employees downplayed petitioner’s urgency, withheld the fact that the delivery truck was occupied elsewhere, and made light of his plight. This conduct demonstrated negligence and bad faith in performance.Foreseeability of Delay
A flat tire is a foreseeable risk in delivery operations; respondent should have had contingency measures. Failure to guard against such events in a business requiring prompt delivery is negligent.Time of Essence
Given the two‐day construction requirement and the fixed funeral date, time was of the essence. A few hours’ delay irreparably disrupted petitioner’s plans and caused him and his family deep anguish.Damages
• Actual Damages (Refund) – ₱2,110.00 with legal interest from complaint filing.
• Moral Damages – ₱20,000.00 for mental anguish, sorrow, and humiliation.
• Exemplary Damages
Case Syllabus (G.R. No. 115129)
Facts of the Case
- On December 19, 1990, petitioner’s wife died after a prolonged illness and expressed a wish to be interred before Christmas Day.
- On December 21 at about 3:00 PM, Ignacio Barzaga visited Angelito Alviar’s hardware store to inquire if niche-construction materials could be delivered immediately; the storekeeper, Marina Boncales, said pending deliveries that afternoon might delay his order until the following day.
- On December 22 at 7:00 AM, petitioner returned, emphasized that materials must arrive at Memorial Cemetery in Dasmariñas by 8:00 AM, and was assured of delivery on time; he paid ₱2,110.00 in full.
- Delivery did not occur at 8:00 AM, nor by 9:00 AM or 10:00 AM despite repeated assurances; petitioner filed a police blotter complaint, saw the truck arrive but materials not ready for loading, then cancelled and sought supplies elsewhere.
- Petitioner purchased materials from another store later that day; darkness and the Christmas break delayed niche completion until the afternoon of December 23, forcing interment on December 26—two-and-a-half days late.
- On January 21, 1991, petitioner wrote Alviar for indemnity; no response led him to sue before the Regional Trial Court.
Procedural History
- The Regional Trial Court (RTC), Branch 21, Imus, Cavite, found respondent negligent and awarded petitioner:
• Refund of ₱2,110.00 with legal-rate interest
• ₱5,000.00 temperate damages
• ₱20,000.00 moral damages
• ₱5,000.00 litigation expenses
• ₱5,000.00 attorney’s fees - On appeal, the Court of Appeals reversed, ruling:
• No specific delivery time was contractually agreed (invoices silent)
• Delivery within a “reasonable time” was implied
• Even if delayed, petitioner still could have completed the niche by December 24 - Petition for review to the Supreme Court followed.
Issue
- Whether respondent Angelito Alviar incurred actionable delay or negligence in the delivery of construction materials when a specific delivery time had been verbally agreed upon.
- Whether petitioner is entitled to actual, moral, exemplary, temperate damages, litigation expenses, and attorney’s fee