CONCEPCION v. CA
GR No. 120706
January 31,
2000
FACTS:
·
Petitioner: Rodrigo Concepcion
·
Respondent: CA, Nestor Nicolas and Allem Nicolas (spouses)
BACKGROUND:
·
Nestor and Allem (spouses) leased an apartment owed by
Florence "Bing Concepcion, who also resided in the same compound where the
apartment is located
·
Nestor Nicolas was then engaged in business: supplying
gov't agencies/private entities with office supplies and appliances (Florence
later joined by contributing capital on condition that after her capital
investment was returned to her, any profit earned would be divided equally
between her and Nestor)
·
July 1985 - Rodrigo Concepcion (brother of deceased
husband of Florence) accused Nestor of conducting an adulterous relationship
with Florence; Florence denied the imputations during a confrontation at her
terrace
·
As a result, Nestor felt extreme embarrassment and
shame; could no longer face his neighbors
·
Florence Concepcion ceased to do business with him by
not contributing capital anymore; business venture of Nicolas spouses declined
(could no longer keep up with commitments to their clients)
·
Nestor was forced to write Rodrigo demanding public
apology and payment for damages; Rodrigo ignored the demand
PROCEDURAL
HISTORY
·
Nicolas spouses filed a civil suit against him for
damages.
o
Rodrigo claimed he did not malign Nestor and only
wanted to protect the Concepcion name.
·
CA affirmed RTC decision ordering Concepcion to pay
damages to the Nicolas spouses (decision dated Dec. 12, 1994)
·
In contesting the Appellate court, Nestor raises the
following issue:
o
Whether there is basis in law for the award of damages
to private respondents, the Nicolas spouses
o
Whether there is basis to review the facts which are
of weight an influence, but which were overlooked and misapplied by the
respondent appellate court.
·
Concepcion argues that in awarding damages to Nestor,
CA was without legal basis to justify the verdict:
o
Alleged act imputed to him does not fall under Art. 26
and 2219 of the Civil Code since it does not constitute libel, slander or any
other form of defamation; neither does it involve prying into the privacy of
other's residence or meddling with or disturbing private life/family relations
of another
ISSUE:
·
Whether or not the award for damages is proper.
HOLDING/RATIONALE
·
Held.
·
Article 26: the sacredness of human personality is a
concomitant consideration of every plan for human amelioration.
·
Rodrigo Concepcion invaded the privacy of Nestor
Nicolas
·
No question that Nestor Nicolas suffered mental
anguish, besmirched reputation, wounded feelings and social humiliation as a
proximate result of petitioner's abusive, scandalous and insulting language
JUDGMENT/RATIONALE
·
AFFIRMED judgment of RTC (holding Rodrigo Concepcion liable to the Nicolas
spouses for P50,000 as moral damages, P25,000 for exemplary damages, P10,000 as
attorney's fees plus costs of suit)
·
Factual findings provide enough basis in law for the
award of damages by the CA in favor of respondents.
·
Incident charged of petitioner was no less than an
invasion on the right of the respondent Nestor as a person.
DICTA:
·
If the statutes insufficiently protect a person from
being unjustly humiliated, in short, if human personality is not exalted—then
the laws are indeed defective.
·
It is petitioner’s position that the act imputed to
him does not constitute any of those enumerated in Arts. 26 and 2219. In this
respect, the law is clear.
·
The violations mentioned in the codal provisions are
not exclusive but are merely examples and do not preclude other similar or
analogous acts. Damages therefore are allowable for actions against a person’s
dignity, such as profane, insulting, humiliating, scandalous or abusive
language
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