Case Summary (G.R. No. 81262)
Petitioner
Globe Mackay Cable and Radio Corporation and Herbert C. Hendry, acting in management and supervisory capacities.
Respondent
Restituto M. Tobias, former employee alleging unlawful and abusive treatment culminating in illegal dismissal and various tortious acts.
Key Dates
• November 10–11, 1972: Tobias reports anomalies; receives forced leave and harassment.
• December 6 & 19, 1972: Two Manila police document-examination reports clear Tobias.
• December 12, 1972: Suspension memo issued; criminal charges prepared.
• January 17, 1973: Notice of termination effective December 13, 1972.
• 1973–1987: Multiple criminal complaints filed and dismissed; labor dismissal case litigated and compromised; civil damages action initiated.
• August 31, 1987: Court of Appeals affirms trial court’s award of damages.
• August 25, 1989: Supreme Court denies petition for review.
Applicable Law
• 1973 Philippine Constitution (operative at decision date).
• New Civil Code (1950), notably: Article 19 (abuse of rights), Article 20 (damage from violation of law), Article 21 (moral wrongs), Article 26 (violation of dignity), Article 2176 (quasi-delicts), Article 2219(10) (moral damages), Article 2231 (exemplary damages).
• Revised Penal Code Article 290 (unauthorized disclosure of correspondence).
• Jurisprudence on abusive dismissal, defamation, malicious prosecution, and damages (e.g., Quisaba v. Sta. Ines-Melale Veneer, PNB v. Court of Appeals, Hawpia v. CA).
Abuse of Rights in Dismissal
Under Civil Code Article 19, every right must be exercised with justice, honesty, and good faith. Although an employer may dismiss a suspecting employee, the Supreme Court held that petitioners employed a “high-handed” and abusive process—ordering Tobias to vacate his office, branding him “crook and swindler” before any final finding, and compelling lie-detector and handwriting tests despite exculpatory police reports. Such conduct transgressed the norms of Article 19 and invoked Article 21, entitling Tobias to indemnity for wrongful exercise of a legal right.
Violation of Personal Dignity
Petitioner Hendry’s repeated public imputations of dishonesty and the ethnic slur “You Filipinos cannot be trusted” violated Tobias’s personal dignity under Civil Code Article 26. The Court recognized that belittling and demeaning remarks, when disseminated by a superior, constitute an actionable tort separate from the dismissal itself.
Liability for Defamatory Communications
In October 1974, Hendry wrote unprompted to a prospective employer that Tobias had been dismissed for dishonesty. The Court treated this “poison letter” as a quasi-delict under Article 2176, since it was a wrongful, intentional act that directly prevented Tobias from obtaining employment, thereby causing actual damage.
Malicious Prosecution
Petitioners filed six criminal complaints (five for estafa through falsification of commercial documents, one for invasion of correspondence) despite two police reports and negative polygraph results. All complaints were dismissed for lack of evidence. The Court applied the el
...continue readingCase Syllabus (G.R. No. 81262)
Facts of the Case
- Restituto M. Tobias was employed by Globe Mackay Cable and Radio Corporation as purchasing agent and administrative assistant to the Engineering Operations Manager.
- In 1972 Globe Mackay uncovered fictitious purchases and fraudulent transactions resulting in losses of several thousand pesos.
- On November 10, 1972 Tobias reported the anomalies to Eduardo T. Ferraren and to Herbert C. Hendry, Executive Vice-President and General Manager.
- On November 11, 1972 Hendry labeled Tobias the “number one suspect,” ordered him on forced leave for one week, barred office communication, and required him to leave drawers open and surrender keys.
- Upon returning on November 20, 1972, Tobias was called a “crook and swindler,” ordered to take a lie-detector test, and to submit handwriting, signature, and initial specimens for police examination.
- December 6, 1972: Manila police investigators (Exh. A) cleared Tobias of involvement.
- December 10, 1972: Private investigator Col. Jose G. Fernandez (Exh. 2) reported Tobias guilty but noted further investigation was pending.
- December 12, 1972: Hendry issued a suspension memorandum preparatory to criminal charges.
- December 19, 1972: Lt. Dioscoro V. Tagle’s second laboratory report (Exh. B) again exculpated Tobias; lie-detector tests were negative.
- Despite exculpatory findings, petitioners filed six criminal complaints (one amended from estafa thru falsification; four for estafa thru falsification; one for violation of Art. 290 RPC); all were dismissed by the City Fiscal and affirmed by the Secretary of Justice.
- January 17, 1973: Tobias received notice of termination effective December 13, 1972.
- Tobias filed an illegal dismissal complaint; Labor Arbiter dismissed; NLRC reversed; Secretary of Labor reinstated Arbiter’s dismissal; appeal to the Office of the President pending; parties entered into compromise.
- After termination, Hendry sent an unsolicited letter to RETELCO accusing Tobias of dishonesty, resulting in Tobias’s loss of prospective employment.
- Tobias filed a civil action for damages for unlawful, malicious, oppressive, and abusive acts.
Procedural History
- RTC Manila, Branch IX (Judge Manuel T. Reyes) f