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    This document summarizes a court case between ABS-CBN and Viva regarding film rights. Viva offered ABS-CBN film packages, but ABS-CBN only agreed to purchase some titles. Viva then offered the packages to RBS, who accepted. ABS-CBN filed a case against RBS, and RBS filed a cross-claim against Viva. The court ruled that RBS could not be awarded moral damages as a corporation. The court also ruled that no contract was formed between ABS-CBN and Viva during their negotiations because Del Rosario, as Viva's representative, did not have the authority to enter into contracts without the Viva board's approval.

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    This document summarizes a court case between ABS-CBN and Viva regarding film rights. Viva offered ABS-CBN film packages, but ABS-CBN only agreed to purchase some titles. Viva then offered the packages to RBS, who accepted. ABS-CBN filed a case against RBS, and RBS filed a cross-claim against Viva. The court ruled that RBS could not be awarded moral damages as a corporation. The court also ruled that no contract was formed between ABS-CBN and Viva during their negotiations because Del Rosario, as Viva's representative, did not have the authority to enter into contracts without the Viva board's approval.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    25 views8 pages

    Abs CBN vs. CA

    Uploaded by

    PIKACHUCHIE
    This document summarizes a court case between ABS-CBN and Viva regarding film rights. Viva offered ABS-CBN film packages, but ABS-CBN only agreed to purchase some titles. Viva then offered the packages to RBS, who accepted. ABS-CBN filed a case against RBS, and RBS filed a cross-claim against Viva. The court ruled that RBS could not be awarded moral damages as a corporation. The court also ruled that no contract was formed between ABS-CBN and Viva during their negotiations because Del Rosario, as Viva's representative, did not have the authority to enter into contracts without the Viva board's approval.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    of 8

    ABS-CBN vs.

    CA
    GR No. 128690
    JANUARY 21, 1999
    FACTS
    Viva, through Del Rosario, offered ABS-
    CBN through its vice-president Charo
    Santos-Concio, a list of 3 film packages or 36
    titles from which ABS-CBN may exercise its
    right of first refusal

    Mrs. Concio informed Vic through a letter that


    they can only purchase 10 titles.

    Del Rosario approached ABS-CBN's Ms.


    Concio with a list consisting of 52 original
    movie titles as well as 104 re-runs proposing
    to sell to ABS-CBN airing rights for P60M
    (P30M cash and P30M worth of television
    spots)
    Del Rosario and ABS-CBN general
    manager, Eugenio Lopez III met wherein
    Del Rosario allegedly agreed to grant rights
    for 14 films for P30M

    Del Rosario and Mr. Graciano Gozon of


    RBS Senior vice-president for Finance
    discussed the terms and conditions of
    Viva's offer to sell the 104 films, after the
    rejection of the same package by ABS-CBN

    Ms. Concio sent the proposal draft of 53


    films for P35M which Viva's Board
    rejected since they will not accept anything
    less than P60M

    Viva granted RBS exclusive grants for


    P60M
    RTC: Issued TRO against RBS in showing 14
    films as filed by ABS-CBN.

    RBS also set up a cross-claim against VIVA

    RTC: ordered ABS-CBN to pay RBS P107,727


    premium paid by RBS to the surety which
    issued their bond to lift the injunction,
    P191,843.00 for the amount of print
    advertisement for "Maging Sino Ka Man" in
    various newspapers, P1M attorney's fees, P5M
    moral damages, P5M exemplary damages and
    costs. Cross-claim to VIVA was dismissed.

    ABS-CBN appealed. VIVA and Del Rosario also


    appealed seeking moral and exemplary damages
    and additional attorney's fees.
    ISSUE:
    1. WON RBS is entitled to an award of moral damages upon
    grounds of debased reputation.

    No.

    The award of moral damages cannot be


    granted in favor of a corporation because, being
    an artificial person and having existence only in legal
    contemplation, it has no feelings, no emotions, no
    senses, It cannot, therefore, experience physical
    suffering and mental anguish, which call be
    experienced only by one having a nervous system.

    No moral damages can be awarded to a juridical


    person. The statement in thecase of People vs Manero
    and Mambulao Lumber vs PNB is a mere obiter dictum
    hence it is not binding as a jurisprudence.
    If the obligor acted with fraud, bad faith,
    malice, or wanton attitude, he shall be
    responsible for all damages which may be
    reasonably attributed to the non-
    performance of the obligation. In crimes and
    quasi-delicts, the defendant shall be liable
    for all damages which are the natural and
    probable consequences of the act or omission
    complained of, whether or not such damages
    has been foreseen or could have reasonably
    been foreseen by the defendant. Actual
    damages may likewise be recovered for loss
    or impairment of earning capacity in cases of
    temporary or permanent personal injury, or
    for injury to the plaintiff's business standing
    or commercial credit.

    The claim of RBS for actual damages did not


    arise from contract, quasi-contract, delict, or
    quasi-delict. It arose from the fact of filing of
    the complaint despite ABS-CBN's alleged
    knowledge of lack of cause of action.
    2. Whether or not a contract was perfected in
    meeting between the representatives of the two
    corporations

    As a rule, corporate powers, such as the power; to


    enter into contracts; are exercised by the Board
    of Directors. But this power may be
    delegated to a corporate committee, a
    corporate officer or corporate manager. Such a
    delegation must be clear and specific.

    In the case at bar, there was no such delegation to


    Del Rosario. The fact that he has to present the
    counteroffer to the Board of Directors of Viva is
    proof that the contract must be accepted first by
    the Viva’s Board. Hence, even if Del Rosario
    accepted the counter-offer, it did not result to a
    contract because it will not bind Viva.

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