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RCPI Vs CA

The document summarizes a court case between private respondents Minerva and Flores Timan against petitioner Radio Communications of the Philippines, Inc. (RCPI). The Timans sent a condolence telegram through RCPI to their cousins regarding the death of a family member. While the text was transmitted correctly, RCPI delivered the condolence message on a "Happy Birthday" card inside a "Christmasgram" envelope, ridiculing the recipients. When RCPI failed to satisfactorily explain their actions, the Timans filed a complaint. The court found RCPI breached their contract in their grossly negligent delivery of the condolence message. RCPI was held liable for damages since their actions were want

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153 views2 pages

RCPI Vs CA

The document summarizes a court case between private respondents Minerva and Flores Timan against petitioner Radio Communications of the Philippines, Inc. (RCPI). The Timans sent a condolence telegram through RCPI to their cousins regarding the death of a family member. While the text was transmitted correctly, RCPI delivered the condolence message on a "Happy Birthday" card inside a "Christmasgram" envelope, ridiculing the recipients. When RCPI failed to satisfactorily explain their actions, the Timans filed a complaint. The court found RCPI breached their contract in their grossly negligent delivery of the condolence message. RCPI was held liable for damages since their actions were want

Uploaded by

Al Rx
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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RCPI vs.

CA
G.R. No. 79578 March 13, 1991

Procedural history
Timans filed a complaint for damages. The trial court rendered Judgment in favor of the
respondents Timans which was affirmed in toto by the Court of Appeals.
The respondent gave rise to the present petition for review on certiorari assailing the decision
of the respondent Court of Appeals which affirmed in toto the judgment of the trial court,
dated February 14, 1985.

Facts
On January 24, 1983, private respondents- spouses Minerva Timan and Flores Timan sent a
telegram of condolence to their cousins, Mr. and Mrs. Hilario Midoranda, at Trinidad, Calbayog
City, through petitioner Radio Communications of the Philippines, Inc. at cubao, Quezon City, to
convey their deepest sympathy for the recent death of the mother-in-law of Hilario Midoranda.
the condolence telegram was correctly transmitted as far as the written text was concerned.
However, the condolence message as communicated and delivered to the addressees was
typewritten on a “Happy Birthday” card and placed inside a “Christmasgram” envelope.
Believing that the transmittal to the addressees of the aforesaid telegram in that non such
manner was done intentionally and with gross breach of contract resulting to ridicule,
contempt, and humiliation of the private respondents and the addressees, including their
friends and relative, the spauses Timasn demanded an explanation. Unsatifsfied with RCPI’s
explanation in its lettes, dated March 9 and April 20, 1983

Issue
Whether or not the act of delivering the condolence message in Happy Birthday card with a
Christmasgram envelope constitute a breach of contract on the part of the defendant. If in the
affirmative, whether or not plaintiff is entitled to damages.

Answer
Yes, it constitute a breach of contract
yes, must be held liable

Reason
In contracts and quasi-contacts, exemplary damages may be awarded if the defendant acted in
wanton, fraudulent reckless, oppressive or malevolent manner. There was gross negligence on
the part of RCPI personnel in transmitting the wrong telegram, of which RCPI must be held
liable. Gross careless or negligence constitutes wanton miss conduct.
In the present case it is self-eveident that a telegram of condolence is intended and meant to
convey a message of sorrow and sympathy. Precisely, it is denominated “telegram of
condolence” because it tenders sympathy and offers to share another grief. It seems out of this
world, therefore, to place that message of condolence in a birthday card and deliver the same
in a Christmas envelope for such acts of carelessness and incompetence not only render
violence to good taste and common sense, they depict a bizarre presentation of the sender
feelings. They ridicule the deceased’s loved ones and destroy the atmosphere of grief and
respect for the departed.

Held
Therefore it is AFFIRMED in toto.

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