Professional Documents
Culture Documents
Go vs. CA 272 SCRA 752 (FCD) PDF
Go vs. CA 272 SCRA 752 (FCD) PDF
Go . Co r of Appeal
*
G.R. No. 114791. Ma 29, 1997.
* ECOND DI I ION.
53
Go . Co r of Appeal
be noted that in the course of the protracted trial below, petitioners did not even present Lim to corroborate
their contention that they were mere agents of the latter. It would not be unwarranted to assume that their
failure to present such a vital witness would have had an adverse result on the case.
Sa e; Ma age ; I c a h a a e f a e - ed c e eg ec ca he de
c e age f he edd g. As correctly observed by the Court of Appeals, it is contrary to human nature for any
newlywed couple to neglect to claim the video coverage of their wedding; the fact that private respondents filed a
case against petitioners belies such as sertion. Clearly, petitioners are guilty of actionable delay for having failed
to proces s the video tape. Considering that private respondents were about to leave for the United States, they
took care to inform petitioners that they would just claim the tape upon their return two months later. Thus, the
erasure of the tape after the lapse of thirty days was unjustified.
Sa e; Da age ; Th e h he e f a ce f he b ga a eg f f a d, eg ge ce de a ,
a d h e h a a e c a e e he e he e f, a e ab e f da age . In this regard, Article 1170 of
the Civil Code provides that those who in the performance of their obligations are guilty of fraud, negligence or
delay, and those who in any manner contravene the tenor thereof, are liable for damages. In the instant case,
petitioners and private respondents entered into a contract whereby, for a fee, the former undertook to cover the
latter s wedding and deliver to them a video copy of said event. For whatever reason, petitioners failed to provide
private respondents with their tape. Clearly, petitioners are guilty of contravening their obligation to s aid
private respondents and are thus liable for damages.
/
Sa e; Sa e; Q a -De c ; Wh e ge e a a da age ca be ec e ed a ac f b each f
c ac , he a e a be ec e ed he e he b each a a ab a , ec e , a c bad fa h,
e e ab e, ch a he a a ac ec e e a g he de c e age f a c e
edd g a ec e he ca e f he ffe g he a e had de g . Generally, moral damages cannot be
recovered in an action for breach of contract because this case is not among those enumerated in Article 2219 of
the Civil Code. However, it is also accepted in this jurisdiction that liability for a quasi-delict may still exis t
despite the presence of contractual relations, that is, the act
54
Go . Co r of Appeal
which violates the contract may also cons titute a quasi-delict. Consequently, moral damages are recoverable
for the breach of contract which was palpably wanton, reckless, malicious or in bad faith, oppressive or abusive.
Petitioners act or omiss ion in recklessly erasing the video coverage of private respondents wedding was
precisely the cause of the suffering private respondents had to undergo.
Sa e; Sa e; The a a d f e e a da age f ed he e he e a a a e da a eg ge ce
c ed b he g a . Considering the attendant wanton negligence committed by petitioners in the
case at bar, the award of exemplary damages by the trial court is justified to s erve as a warning to all entities
engaged in the same business to obs erve due diligence in the conduct of their affairs.
Sa e; Ob ga ; J a d Se e a L ab ; H ba d a d W fe; S ce he fe a e e c e a
fe , cc a e gage b e h he c e f he h ba d, he h ba d a be he d
a d e e a ab e h h fe f b each f a c ac ha he a e had e e ed . Finally,
petitioner Alex Go questions the finding of the trial and appellate courts holding him jointly and severally liable
with his wife Nancy regarding the pecuniary liabilities imposed. He argues that when his wife entered into the
contract with private res pondent, she was acting alone for her sole interest. We find merit in this contention.
Under Article 117 of the Civil Code (now Article 73 of the Family Code), the wife may exercise any profession,
occupation or engage in business without the consent of the husband. I n the instant case, we are convinced that
it was only petitioner Nancy Go who entered into the contract with private respondent. Consequently, we rule
that she is solely liable to private respondents for the damages awarded below, pursuant to the principle that
contracts produce effect only as between the parties who execute them.
ROMERO, J.:
1. Ordering the rescission of the agreement entered into between plaintiff Hermogenes Ong and defendant
Nancy Go;
2. Declaring defendants Alex Go and Nancy Go jointly and severally liable to plaintiffs Hermogenes Ong
and Jane C. Ong for the following sums:
1 2, A , 1987 C .
756
Dissatisfied ith the decision, petitioners ele ated the case to the Co rt of Appeals hich, on
September 14, 1993, dismissed the appeal and affirmed the trial co rt s decision.
Hence, this petition.
Petitioners contend that the Co rt of Appeals erred in not appreciating the e idence the
presented to pro e that the acted onl as agents of a certain Pablo Lim and, as s ch, sho ld not ha e
been held liable. In addition, the a er that there is no e idence
2
to sho that the eras re of the tape
as done in bad faith so as to j stif the a ard of damages.
The petition is not meritorio s.
Petitioners claim that for the ideo co erage, the camera-man as emplo ed b Pablo Lim ho
also o ned the ideo eq ipment sed.3 The f rther assert that the merel get a commission for all
c stomers solicited for their principal.
This contention is primaril premised on Article 1883 of the Ci il Code hich states th s:
ART. 1883. If an agent acts in his own name, the principal has no right of action against the persons with whom
the agent has contracted; neither have such persons agains t the principal.
In such case the agent is the one directly bound in favor of the person with whom he has contracted, as if the
transaction were his own, except when the contract involves things belonging to the principal.
xxx xxx x x x.
/
_______________
2 R , . 15-23.
3 Ib d., . 7.
757
Petitioners arg ment that since the ideo eq ipment sed belonged to Lim and th s the contract as
act all entered into bet een pri ate respondents and Lim is not deser ing of an serio s
consideration. In the instant case, the contract entered into is one of ser ice, that is, for the ideo
co erage of the edding. Conseq entl , it can hardl be said that the object of the contract as the
ideo eq ipment sed. The se b petitioners of the ideo eq ipment of another person is of no
conseq ence.
It m st also be noted that in the co rse of the protracted trial belo , petitioners did not e en
present Lim to corroborate their contention that the ere mere agents of the latter. It o ld not be
n arranted to ass4
me that their fail re to present s ch a ital itness o ld ha e had an ad erse
res lt on the case.
As regards the a ard of damages, petitioners o ld impress pon this Co rt their lack of malice
or fra d lent intent in the eras re of the tape. The insist that since pri ate respondents did not
claim the tape after the lapse of thirt da s, as agreed pon in their
5
contract, the eras re as done in
consonance ith consistent b siness practice to minimi e losses.
We are not pers aded.
As correctl obser ed b the Co rt of Appeals, it is contrar to h man nat re for an ne l ed
co ple to neglect to claim the ideo co erage of their edding; the fact that pri ate respondents filed
a case against petitioners belies s ch assertion. Clearl , petitioners are g ilt of actionable dela for
ha ing failed to process the ideo tape. Considering that pri ate respondents ere abo t to lea e for
the United States, the took care to inform petitioners that the o ld j st claim the tape pon their
ret rn t o months later. Th s, the eras re of the tape after the lapse of thirt da s as nj stified.
______________
4 S 3( ), R 131 R C , () .
5 R , . 19.
758
In this regard, Article 1170 of the Ci il Code pro ides that those ho in the performance of their
obligations are g ilt of fra d, negligence or dela , and those ho in an manner contra ene the
tenor thereof, are liable for damages.
In the instant case, petitioners and pri ate respondents entered into a contract hereb , for a fee,
the former ndertook to co er the latter s edding and deli er to them a ideo cop of said e ent. For
hate er reason, petitioners failed to pro ide pri ate respondents ith their tape. Clearl ,
petitioners are g ilt of contra ening their obligation to said pri ate respondents and are th s liable
for damages.
The grant of act al or compensator damages in the amo nt of P450.00 6
is j stified, as
reimb rsement of the do n-pa ment paid b pri ate respondents to petitioners.
Generall , moral damages cannot be reco ered in an action for breach of contract beca se this case
is not among those en merated in Article 2219 of the Ci il Code. Ho e er, it is also accepted in this
/
j risdiction that liabilit for a q asidelict ma still e ist despite the presence of contract al relations,
that is, the act hich iolates the contract ma also constit te a q asi-delict. Conseq entl , moral
damages are reco erable for the breach of contract hich as palpabl anton, reckless, malicio s or
in bad faith, oppressi e or ab si e.
Petitioners act or omission in recklessl erasing the ideo co erage of pri ate respondents
edding as precisel the ca se of the s ffering pri ate respondents had to ndergo.
As the appellate co rt aptl obser ed:
Considering the sentimental value of the tapes and the fact that the event therein recorded a wedding which
in our culture is a significant milestone to be cherished and remembered could no
6 A 2200, C C P .
7 PARA , C C P , , 1990, . 995-996; .B P I , 23 CRA 1117 (1968).
OLEN INO, COMM EN ARIE & J RI PR DENCE ON HE CI IL CODE OF HE PHILIPPINE , , 1995, . 656.
75
longer be reenacted and was lost forever, the trial court was correct in awarding the appellees moral damages
albeit in the amount of P75,000.00, which was a great reduction from plaintiffs demand in the complaint, in
compensation for the mental anguish, tortured feelings, sleepless nights and humiliation that the appellees
suffered and which under the circumstances could be awarded as allowed under Articles 2217 and 2218 of the
Civil Code.
______________
R , . 37.
10 A 2232, C C P .
11 ART. 2208. I , , ,
, :
(1) ;
12 R , . 23.
760
/
760 SUPREME COURT REPORTS ANNOTATED
People . Soriano
13
ple that contracts prod ce effect onl as bet een the parties ho e ec te them.
WHEREFORE, the assailed decision dated September 14, 1993 is hereb AFFIRMED ith the
MODIFICATION that petitioner Ale G o is absol ed from an liabilit to pri ate respondents and
that petitioner Nanc Go is solel liable to said pri ate respondents for the j dgment a ard. Costs
against petitioners.
SO ORDERED.
J dg e aff ed h d f ca .
o0o
*
G.R. No. 114901. Ma 29, 1997.
1 A 1311, C C P .
* FIR DI I ION.
People . Soriano
tion to observe the deportment and demeanor of witnesses and to assess their credibility. Their factual
findings are disturbed only if there is abuse of discretion. But we are unable to discern any committed by the
trial court.
C a La ; Ra e; The ab e ce f e a ad e ega e a e. Then too, the defense harps on the
fact that no sperm was found on Hilda thus disproving her testimony that appellant allegedly raped her. But the
absence of spermatozoa does not negate rape. For in rape of this nature, it is only necessary to prove carnal
knowledge by using force and intimidation, which the prosecution in this case has more than sufficiently
established.
Sa e; Sa e; S ce a (2) e a e he c f a e, he e a a f he
e de ce e e ed he e ae e e a d he c ed b f he c a g e . If there is any
testimony that is incredible and contradictory, it is that of appellant. His denials are self-serving and do not
deserve any credence at all, especially when assayed against the positive and candid testimony of Hilda. Since
/
normally only two (2) persons are privy to the commission of rape, the evaluation of the evidence presented
therein ultimately revolves around the credibility of the complaining witness. It is Hilda s account of the case
that we are most inclined to accept.
Sa e; Sa e; The e ab e e be ee he e a f a a e c a d he d deed
c ed aga he . The above narration cannot inspire belief. For if indeed the accused caught his
girlfriend f ag a e with another man, he would not have reacted as mildly as he did. Again, appellant lost
no effort in describing Hilda as a woman of loose morals. But this serves no useful purpose at all. For the
character of a rape victim will not disprove rape. There is absolutely no nexus between the reputation of a rape
victim and the odious deed committed against her.
APPEAL from a decision of the Regional Trial Co rt of Bang i, Ilocos Norte, Br. 19.
BELLOSILLO, J.:
he said he preferred to pass thro gh the kitchen door beca se his NPA companions ere aiting for
him o tside the kitchen.
/
When the kitchen door as opened Lito immediatel p lled Hilda and pinned her against the
concrete all of the kitchen. He remo ed his shorts and briefs and started kissing her again. She
str ggled so he bo ed her on the stomach. This isibl eakened her. As he dragged her she held on
to her shorts in an effort to th art his se al assa lt. B t all her resistance pro ed f tile. Lito
forcibl remo ed her pant , laid on top of her, inserted his penis into her agina and had interco rse
ith her. He kissed her from the face do n to her most co eted part. After slaking his l st, Lito got
p and p t on his clothes. Hilda sei ed that opport nit to escape. She immediatel gathered her
clothes and ran to ards the kitchen. Once inside, she locked the door. He lingered o tside the ho se
for a hile b t left soon after.
Hilda lost no time in narrating her harro ing e perience to Lesle . E en itho t being told,
Mercedes sensed that Lito had offended Hilda. At aro nd fi e o clock that same morning, the incident
as rela ed to Victoria de la Cr , a nt of Hilda, ho in t rn asked someone to report the matter to
the police. Hilda as then bro ght to the Bang i District Hospital here she as e amined b Dr.
Diosdado I. Gar ida. The medico-legal e amination disclosed that Hilda s ffered abrasions on the
right side of her neck; another j st belo the mandible; and still another, on the le el of the lar n .
She also s stained a cont sion on the right b ccal area, and an er thema at the aginal 1orifice. She
as also fo nd to ha e an old h menal laceration at 3:00 o clock and 9:00 o clock positions.
Lito Soriano as apprehended and bro ght to the police station for in estigation. On 25 March
1991 Hilda Acio filed a complaint
2
against Soriano ith the M nicipal Circ it Trial Co rt of Bang i-
Pag dp d-Adams-D malneg. After preliminar e amination, the in estigating j dge fo nd a a
fac e
______________
1 E . B, F E .
2 D C .C N . 4049-B.
764
case against the acc sed, and on 133 Ma 1991 he as formall charged ith rape before the Regional
Trial Co rt of Bang i, Ilocos Norte.
Lito Soriano told a different stor . At the pre-trial conference he admitted ha ing se al
interco rse ith Hilda. Ho e er his admission as later ithdra n for ha ing p rportedl been
made impro identl . O n the itness stand he claimed that since 15 A g st 1988 ntil the alleged
rape he and Hilda ere s eethearts. On 17 March 1991, or three (3) da s before the incident, he sa
Hilda ha ing se al interco rse ith her bo friend Joemer R mbaoa. He felt bad abo t it. On 22
March 1991, hile he as ha ing a snack at Hilda s store, she approached him and asked if she co ld
talk to him later at her grandmother s ho se. So, at aro nd eight-thirt that e ening, he ent to their
tr st and then and there ended their relationship. He sta ed there for onl thirt (30) min tes and
then left for home and slept. The follo ing morning he as picked p b the police and taken to the
m nicipal jail.
On 16 No ember 1993, after trial, the Regional Trial Co rt fo nd Lito Soriano Sag cio alias
Loreto Soriano Sag cio g ilt of rape and sentenced him to 4
s ffer the penalt of ec
e e a, to indemnif Hilda Acio P50,000.00, and to pa the costs.
Acc sed-appellant imp tes the follo ing errors to the co rt a : (1) in holding that force and
intimidation attended the carnal act bet een acc sed-appellant and pri ate complain-ant; (2) in
finding acc sed-appellant g ilt of rape despite the incredible testimon of pri ate complainant; and,
(3) in finding acc sed-appellant g ilt of5 the crime charged despite the fail re of the prosec tion to
pro e his g ilt be ond reasonable do bt.
It is doctrinall entrenched that fact al findings of trial co rts are accorded the highest respect as
the are in the best sit ation to obser e the deportment and demeanor of it-
/
______________
3 D C .C N . 833-19.
4 D , RTC-B . 19, B ,I N , . 17; R , . 42.
5 A B , . 1-2; R , . 89-90.
765
nesses and to assess their credibilit . Their fact al findings are dist rbed onl if there is ab se of
discretion. B t e are nable to discern an committed b the trial co rt.
Acc sed-appellant contends that the testimon of Hilda Acio is incredible and n orth of belief.
We hold other ise. Hilda 6
had no ill moti e in filing this case against appellant ho himself
ackno ledged this fact. Hilda s ccessf ll eathered not onl the direct and redirect e aminations
b t also the gr eling and probing cross and re-cross q estions. Not for a moment did she contradict
herself. She cried on the itness stand hen she recalled her horrendo s ordeal in the hands of
appellant. The lapse of t o (2) ears did not stop her tears from falling again hen she took the
itness stand as a reb ttal itness.
Acc sed-appellant theori es that Hilda co ld ha e easil resisted the se al assa lt on her person
had she anted to. Her fail re to do so co ld onl mean that she ol ntaril s bmitted to the se al
congress. B t the e idence at hand conf tes this assertion. From the er start Hilda parried off the
improper ad ances of appellant, b t e er tim e he co ntered b threatening to strike her
grandmother and t in sisters. He e en bo ed Hilda on the stomach. What is more, he had a long bolo
on hand hich he brandished hene er she resisted.
Then too, the defense harps on the fact that no sperm as fo nd on Hilda th s dispro ing her
testimon that appellant allegedl raped her. B t the absence of spermato oa does not negate rape.
For in rape of this nat re, it is onl necessar to pro e carnal kno ledge b sing force and
intimidation, hich the prosec tion in this case has more than s fficientl established.
If there is an testimon that is incredible and contradictor , it is that of appellant. His denials are
self-ser ing and do not deser e an credence at all, especiall hen assa ed against the positi e and
candid testimon of Hilda. Since normall onl t o (2) persons are pri to the commission of
______________
6 TSN, 3 M 1993, . 83.
766
rape, the e al ation of the e idence presented therein ltimatel re ol es aro nd the credibilit of
the complaining itness. It is Hilda s acco nt of the case that e are most inclined to accept.
Acc sed-appellant s persistent a o al that Hilda has been his s eetheart since 27 October 1988
appears farfetched. Hilda as born on 8 Febr ar 1975 and this makes her onl thirteen (13) ears
old hen she allegedl became romanticall linked to him, ho b then as alread t ent -eight (28)
ears old. F rthermore, he as li ing in ith a certain E el n Ramos. Lito also testified that he as
not Hilda s first bo friend. Th s
Atty. Reyes:
Now, you mentioned a certain Lando Aguinaldo
and Joemer Rumbaoa as sweetheart(s) of Hilda
/
Acio, do you know who was the first among (sic)
these two (2) persons (to be) the sweetheart of
Hilda Acio?
xxxx
A. Orlando Aguinaldo, sir.
Q. A resident of that place?
A. Yes sir, we are neighbors.
Q. Do you know why they broke the relationship?
A. Because Orlando died during the NPA and PNP
encounter in Dumalneg, sir.
Q. Do you know how long the relationship went on?
xxxx
A. I do not know how many years they were staying
with each other, sir.
Q. But very long?
A. Perhaps about three years, sir.
Q. And immediately after that relationship (you)
became sweethearts?
A. Yes, sir.
Q. At what moment did Joemer Rumbaoa become
the sweetheart of Hilda Acio?
7
A. On March 17, 1991, sir x x x x
Ass ming that Orlando Lando Ag inaldo as Hilda s first bo friend and that the relationship
lasted for abo t three
______________
7 TSN, 17 F 1993, . 76-77.
767
ears, this o ld make Hilda onl ten (10) or ele en (11) ears old at the start of the s pposed
relationship. This b itself begs credibilit hich can onl lead to the concl sion that all these are
onl the prod ct of the acc sed s distorted imagination.
Acc sed-appellant claims that on 17 March 1991 he sa Joemer R mbaoa and Hilda ind lging in
se al interco rse inside the latter s store. If the acc sed as Hilda s bo friend at that time, as he
o ld ha e s belie e, his reaction to the incident o ld be no less than at pical:
768
The abo e narration cannot inspire belief. For if indeed the acc sed ca ght his girlfriend
f ag a e ith another man, he o ld not ha e reacted as mildl as he did. Again, appellant lost no
effort in describing Hilda as a oman of loose morals. B t this ser es no sef l p rpose at all. For the
character of a rape ictim ill not dispro e rape. There is absol tel no ne s bet een the rep tation
of a rape ictim and the odio s deed committed against her.
B t if there be an do bt still on the c lpabilit of appellant, his letter to Hilda and her parents
(E hs. C and C-1 ) sho ld dispel that do bt and clinch the case for the prosec tion. In the letter,
appellant e ea ed ad ed he g he c ed aga H da and begged f he f g e e
a d
_______________
76
/
Dearest Uncle, A ntie and Ading ko (a o nger person) Hilda,
I hope to God that o r famil is fine I e e f he g a e I ha e c ed
aga . And I e e f a gf g e e f and from pra ing to the Lord
God (italics s pplied).
Uncle, A ntie and partic larl to o ading ko Hilda, Leslie O., Josie, Joseph, Jack , Merie
Flor, and Merie Jane and Lola Merced, d f g e e f ha g a e I ha e c ed
aga h e fa I tr l repent from ha ing offended o , for I as hea il
dr nk at that time and did not kno hat I as doing at that da . And I ea dI ea
ha I e e c a aga D f g e e , Uncle, A ntie and
especiall o , ading ko Hilda. And I e a d ea aga ha I aga and
please gi e me another chance to change and atone (for) m offense agains t o (italics
s pplied).
Do forgi e me no Uncle, A ntie and ading ko Hilda for I can no longer sleep thinking
and pra ing to o r Lord God, a g ha hea f g e e f Yes, Uncle,
A ntie and ading ko Hilda, I aga a f g e e a dI ea d ea ha I e e
c a aga . Not an more f I ha e c e ea e he g a f ffe e aga
. Yes, Uncle and A ntie, do forgi e me no and if possible let s s ettle this case (italics
s pplied).
I kno that o r Lord God nderstands and forgi es all sinners like me.
Till no , m regards to all of o and ma the Lord o r God grant o peace and ans er o r
pra ers.
Asking o r forgi eness,
(Sgd.) LITHO SORIANO
_______________
E . C-2, R , . 178.
770
Soriano Sag cio GUILTY of RAPE and sentencing him to s ffer the penalt of ec
e e a ith all the accessor penalties pro ided b la , to pa Hilda Acio moral damages in the
amo nt of P50,000.00 and to pa the costs, is AFFIRMED.
SO ORDERED.
J dg e aff ed.
No e . Clothes of the ictim are not essential and need not be presented as the are not
indispensable e idence to pro e rape. (Pe e . B d , 143 SCRA 241 [1986])
It is not ncommon for o ng girls to conceal for some time the assa lts on their irt e beca se of
the rapist s threats on their li es. (Pe e . E , 229 SCRA 50[1994])
o0o