Title
Syquia vs. Court of Appeals
Case
G.R. No. 98695
Decision Date
Jan 27, 1993
Family sued cemetery for grave desecration due to water damage; courts ruled no breach or negligence, denying damages as contract terms were upheld.
A

Case Summary (G.R. No. 98695)

Factual Background

The Court of Appeals recited that petitioners are the father and siblings of the deceased Vicente Juan Syquia and that petitioners contracted with Manila Memorial Park Cemetery, Inc. pursuant to a Deed of Sale dated August 27, 1969 and Interment Order No. 7106 dated July 21, 1978. The cemetery installed a concrete vault for the interment, and on a later attempt to transfer the remains to a newly purchased family plot the concrete vault was raised and a hole approximately three (3) inches in diameter was discovered near the bottom of one end wall. Water drained from the hole for about an hour. With authority from the Municipal Court of Paranaque, petitioners and morticians opened the vault on September 15, 1978 and found evidence of flooding, a water-damaged and warped coffin, a cracked viewing glass panel, soiled lining and clothing, and exposed parts of the remains coated with filth.

Trial Court Proceedings

Petitioners filed Civil Case No. Q-27112 on March 5, 1979 seeking P30,000.00 actual damages, P500,000.00 moral damages, exemplary damages, twenty percent attorneys’ fees, and costs, alleging breach of contract and, in the alternative, quasi-delict. The Court of First Instance dismissed the complaint. The trial court held that the contract did not guarantee a waterproof vault, that there was no negligence by the cemetery, and that a preexisting contractual relation existed between the parties. The court also observed that petitioner Juan Syquia had selected the gravesite despite knowledge that the area required constant sprinkling and that the cemetery’s explanation for boring the hole—to prevent the vault from floating and the grave from caving in—was acceptable.

Court of Appeals Decision

The Court of Appeals affirmed the dismissal in a Decision dated December 7, 1990, and denied petitioners’ motion for reconsideration in a Resolution dated April 25, 1991. The appellate court agreed that the contract and the cemetery’s Rules and Regulations did not guarantee a waterproof vault, that the term “sealed” as used by the cemetery’s witness meant “closed,” and that sealed did not equate with waterproof. The Court of Appeals also accepted the cemetery foreman’s explanation that the hole was made to prevent vault flotation and grave caving during heavy rain, and it found no negligence warranting damages.

Issues on Petition

Petitioners presented to the Supreme Court whether the Manila Memorial Park Cemetery, Inc. breached its contractual obligations by providing a nonwaterproof vault, whether the act of boring the hole constituted negligence or a desecration of the grave amounting to liability under culpa aquiliana, whether the Court of Appeals overlooked stipulated or admitted facts, and whether petitioners were entitled to the agreed P25,000.00 actual damages, moral and exemplary damages, and attorneys’ fees.

Parties’ Contentions

Petitioners contended that the cemetery’s brochure and representations promised a vault that was “sealed” and therefore waterproof, that boring the hole breached this obligation or was negligent and caused desecration of the remains, and that stipulated or admitted facts required an award of damages. The cemetery maintained that its contractual obligation was to provide a concrete vault as described in the Deed of Sale and Certificate of Perpetual Care and in Rule 17 of its Rules and Regulations, that “sealed” meant merely closed and did not guarantee waterproofing, and that the hole was made as a reasonable precaution against vault flotation and grave collapse during heavy rain.

Legal Analysis and Reasoning

The Court explained that a preexisting contract does not exclude liability for tort but that negligence must be established. The Court cited Article 2176 to define liability for acts or omissions causing damage where there is fault or negligence and noted that where negligence arises in the performance of contractual obligations liability is governed by Article 1170 for culpa contractual. The Court found that the parties’ written Deed of Sale and Certificate of Perpetual Care and the Rules and Regulations governed

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