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Telefast Communications/Philippine Wireless, Inc. V. Ignacio Castro, Et - Al, G.R. No. 73867, February 29, 1988, J. Padilla

This case involved a breach of contract claim against Telefast Communications/Philippine Wireless, Inc. for failing to deliver a telegram. The plaintiffs paid to send a telegram announcing a family member's death, but the telegram was never received. While the company claimed technical issues prevented delivery, it made no attempt to notify the sender. The court found the company liable for damages under the Civil Code for breaching its obligation through negligence after being paid to perform a service.

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72 views1 page

Telefast Communications/Philippine Wireless, Inc. V. Ignacio Castro, Et - Al, G.R. No. 73867, February 29, 1988, J. Padilla

This case involved a breach of contract claim against Telefast Communications/Philippine Wireless, Inc. for failing to deliver a telegram. The plaintiffs paid to send a telegram announcing a family member's death, but the telegram was never received. While the company claimed technical issues prevented delivery, it made no attempt to notify the sender. The court found the company liable for damages under the Civil Code for breaching its obligation through negligence after being paid to perform a service.

Uploaded by

Bianca Nerizza A. Infantado II
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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TELEFAST COMMUNICATIONS/PHILIPPINE WIRELESS, INC. v. IGNACIO CASTRO, et.al, G.R. No.

73867, February 29, 1988, J. Padilla

Art. 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." Art. 2176 also provides that "whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for the damage done."

FACTS:

On 2 November 1956, Consolacion Bravo-Castro wife of plaintiff Ignacio Castro, Sr. and
mother of the other plaintiffs, passed away. On the same day, her daughter Sofia C. Crouch, who was
then vacationing in the Philippines, addressed a telegram to plaintiff Ignacio Castro announcing
Consolacion's death. The telegram was accepted by the defendant in its Dagupan office, for
transmission, after payment of the required fees or charges. However, the telegram never reached
its addressee. So, Consolacion was interred with only her daughter Sofia in attendance with neither
the husband nor any of the other children of the deceased, then all residing in the United States,
returned for the burial.

When Sofia returned to the United States, she discovered that the wire she had caused the
defendant to send had not been received. Thus, she and the other plaintiffs thereupon brought
action for damages arising from defendant's breach of contract.

The only defense of the defendant was that it was unable to transmit the telegram because of
"technical and atmospheric factors beyond its control." No evidence appears on record that
defendant ever made any attempt to advise the plaintiff Sofia C. Crouch as to why it could not
transmit the telegram.

ISSUE:

Whether there is a breach of contract on the part of Telefast Com. Inc for its failure to deliver
(telegram) despite payment?

RULING:

Yes.

Art. 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." Art. 2176 also provides that "whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for the damage done."

In the case at bar, petitioner and private respondent Sofia C. Crouch entered into a contract
whereby, for a fee, petitioner undertook to send said private respondent's message overseas by
telegram. This, petitioner did not do, despite performance by said private respondent of her
obligation by paying the required charges. Petitioner was therefore guilty of contravening its
obligation to said private respondent and is thus liable for damages.

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