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.
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Case Summary (G.R. No. 73867)

Liability for Breach of Contract

  • The petitioner, Telefast Communications/Philippine Wireless, Inc., entered into a contractual agreement with private respondent Sofia C. Crouch to send a telegram overseas for a fee.
  • Despite Crouch fulfilling her obligation by paying the required charges, the petitioner failed to transmit the telegram.
  • This failure constitutes a breach of contract, making the petitioner liable for damages as stipulated in Articles 1170 and 2196 of the Civil Code.

Entitlement to Moral Damages

  • Article 2217 of the Civil Code defines moral damages as encompassing various forms of emotional and psychological suffering, including mental anguish and social humiliation.
  • The court found that the petitioner’s gross negligence directly caused significant emotional distress to the private respondents, who were unable to attend their mother’s burial.
  • The emotional suffering experienced by the respondents was deemed a proximate result of the petitioner’s wrongful act, justifying the award of moral damages.

Compensatory Damages for Travel Expenses

  • The trial court awarded Sofia C. Crouch P16,000.00 as compensatory damages for her travel expenses incurred while testifying in the Philippines.
  • This award was upheld on the basis that the petitioner’s failure to fulfill its obligation necessitated Crouch’s travel and testimony, which would not have been required had the telegram been transmitted as agreed.

Justification for Exemplary Damages

  • The trial court’s award of exemplary damages, amounting to P1,000.00 for each private respondent, was affirmed as a necessary measure to encourage diligence among telegram companies in fulfilling their obligations.
  • The purpose of exemplary damages is to serve as a warning to similar entities to prevent future negligence in the transmission of messages.

Modification of the Appellate Court's Decision

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