Radio Communication of The Philippines, Inc. v. CA, 103 SCRA 359 (1981)

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

Radio Communication of the Philippines, Inc. v.

CA, 103 SCRA 359 [1981]


FACTS:
The freight company claimed that due to "utter, patent, and wanton... carelessness,
gross negligence and unpardonable fault" of the personnel of RCPI, the latter
transmitted erroneously a telegram which should have read "No truck available" but
instead read "Truck available", As a consequence, the freight company suffered
damages, and prayed for an award of P100,00.00 as actual damages, P30,000.00 as
moral damages, exemplary or corrective damages in the discretion of the Court, and
P15,000.00 as attorney's fee.

ISSUE:
W/N the exemplary damages were properly imposed.

HELD:

YES. Exemplary damages were properly imposed. In contracts and quasi-contracts,


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
the RCPI personnel in transmitting the wrong telegram, for which RCPI personnel in
transmitting the wrong telegram, for which RCPI must be held liable. Gross
carelessness or negligence constitutes wanton misconduct. 

You might also like