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    Radio Communications of The Phils., INC. (RCPI), Petitioner, vs. COURT OF APPEALS and LORETO DIONELA, Respondents

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    Bert Rosete
    1. The Court of Appeals ruled that Radio Communications of the Philippines (RCPI) should be held directly liable for damages arising from a libelous telegram sent by one of its employees. 2. The telegram received by Loreto Dionela contained defamatory words not included in the original message. RCPI argued it was not liable as the additional words were a private joke between operators, but the Court found RCPI had breached its contract to transmit messages accurately. 3. As a corporation, RCPI can only act through employees, so the acts of employees in receiving and transmitting messages are considered acts of RCPI. Holding RCPI directly liable prevents depriving the public of an effective remedy when

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    Radio Communications of The Phils., INC. (RCPI), Petitioner, vs. COURT OF APPEALS and LORETO DIONELA, Respondents

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    Bert Rosete
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    1. The Court of Appeals ruled that Radio Communications of the Philippines (RCPI) should be held directly liable for damages arising from a libelous telegram sent by one of its employees. 2. The telegram received by Loreto Dionela contained defamatory words not included in the original message. RCPI argued it was not liable as the additional words were a private joke between operators, but the Court found RCPI had breached its contract to transmit messages accurately. 3. As a corporation, RCPI can only act through employees, so the acts of employees in receiving and transmitting messages are considered acts of RCPI. Holding RCPI directly liable prevents depriving the public of an effective remedy when

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    WEEK 2 CASES

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    1. The Court of Appeals ruled that Radio Communications of the Philippines (RCPI) should be held directly liable for damages arising from a libelous telegram sent by one of its employees. 2. The telegram received by Loreto Dionela contained defamatory words not included in the original message. RCPI argued it was not liable as the additional words were a private joke between operators, but the Court found RCPI had breached its contract to transmit messages accurately. 3. As a corporation, RCPI can only act through employees, so the acts of employees in receiving and transmitting messages are considered acts of RCPI. Holding RCPI directly liable prevents depriving the public of an effective remedy when

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    15 views2 pages

    Radio Communications of The Phils., INC. (RCPI), Petitioner, vs. COURT OF APPEALS and LORETO DIONELA, Respondents

    Uploaded by

    Bert Rosete
    1. The Court of Appeals ruled that Radio Communications of the Philippines (RCPI) should be held directly liable for damages arising from a libelous telegram sent by one of its employees. 2. The telegram received by Loreto Dionela contained defamatory words not included in the original message. RCPI argued it was not liable as the additional words were a private joke between operators, but the Court found RCPI had breached its contract to transmit messages accurately. 3. As a corporation, RCPI can only act through employees, so the acts of employees in receiving and transmitting messages are considered acts of RCPI. Holding RCPI directly liable prevents depriving the public of an effective remedy when

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    of 2

    [G.R. No. L-44748. August 29, 1986.

    ]
    RADIO COMMUNICATIONS OF THE PHILS., ISSUE:
    INC. (RCPI), petitioner, vs. COURT OF APPEALS
    and LORETO DIONELA, respondents. Whether or not the Honorable Court of Appeals erred in
    holding that Petitioner-employer should answer directly
    PARAS, J p: and primarily for the civil liability arising from the
    criminal act of its employee. (NO)
    A civil case for recovery of damages against petitioner
    corporation by reducing the award to private respondent
    Loreto Dionela of moral damages from P40,000 to
    P15,000, and attorney's fees from P3,000 to P2,000. RULING:
    Petitioner's contentions do not merit our consideration.
    The action for damages was filed in the lower court
    FACTS: directly against respondent corporation not as an
    employer subsidiarily liable under the provisions of
    The basis of the complaint against the defendant
    Article 1161 of the New Civil Code in relation to Art.
    corporation is a telegram sent through its Manila Office
    103 of the Revised Penal Code. The cause of action of
    to the offended party, Loreto Dionela, reading as
    the private respondent is based on Arts. 19 and 20 of the
    follows:
    New Civil Code (supra). As well as on respondent's
    LORETO DIONELA — CABANGAN — WIRE breach of contract thru the negligence of its own
    ARRIVAL OF CHECK-PER. employees. 1

    115 PM. Petitioner is a domestic corporation engaged in the


    business of receiving and transmitting messages.
    SA IYO WALANG PAKINABANG DUMATING — Everytime a person transmits a message through the
    KA DIYAN — WALA KANG PADALA DITO — facilities of the petitioner, a contract is entered into.
    KAHIT BULBULMO" (p. 19, Annex "A") Upon receipt of the rate or fee fixed, the petitioner
    undertakes to transmit the message accurately.

    1. Plaintiff-respondent Loreto Dionela alleges that There is no question that in the case at bar, libelous
    the defamatory words on the telegram sent to matters were included in the message transmitted,
    him not only wounded his feelings but also without the consent or knowledge of the sender.
    caused him undue embarrassment and affected There is a clear case of breach of contract by the
    adversely his business as well because other petitioner in adding extraneous and libelous matters in
    people have come to know of said defamatory the message sent to the private respondent. As a
    words. corporation, the petitioner can act only through its
    2. Defendant-corporation as a defense, alleges that employees. Hence the acts of its employees in receiving
    the additional words in Tagalog was a private and transmitting messages are the acts of the petitioner.
    joke between the sending and receiving To hold that the petitioner is not liable directly for the
    operators and that they were not addressed to or acts of its employees in the pursuit of petitioner's
    intended for plaintiff and therefore did not form business is to deprive the general public availing of the
    part of the telegram and that the Tagalog words services of the petitioner of an effective and adequate
    are not defamatory. The telegram sent through remedy. In most cases, negligence must be proved in
    its facilities was received in its station at Legaspi order that plaintiff may recover. However, since
    City. negligence may be hard to substantiate in some cases,
    3. Nobody other than the operator manned the we may apply the doctrine of RES IPSA LOQUITUR
    teletype machine which automatically receives (the thing speaks for itself), by considering the presence
    telegrams being transmitted. The said telegram of facts or circumstances surrounding the injury.
    was detached from the machine and placed
    inside a sealed envelope and delivered to WHEREFORE, premises considered, the judgment of
    plaintiff, obviously as is. The additional words the appellate court is hereby AFFIRMED. SO
    in Tagalog were never noticed and were ORDERED.
    included in the telegram when delivered.
    [G.R. No. L-44748. August 29, 1986.]

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