G.R. No. L-46061 November 14, 1984
Lessons Applicable: Violation of Human Dignity and Privacy (Torts and Damages)
Laws Applicable: Articles 21 and 26 of the Civil Code, Articles 2200, 2208 and 2219 of the Civil Code
FACTS:
- St. Louis Realty caused to be published with the permission of Arcadio S. Arcadio (but without permission of Doctor Aramil) in the issue of the Sunday Times of December 15, 1968 and January 5, 1969 an advertisement with the heading "WHERE THE HEART IS".
- Doctor Aramil wrote to St. Louis Realty about the mistake and stating how it has affected his professional and personal integrity as he has invited in several occasions numerous medical colleagues, medical students and friends to my house. Because of it he received sly remarks although in light vein as "it looks like your house," "how much are you renting from the Arcadios?" "like your wife portrayed in the papers as belonging to another husband," etc., have resulted in no little mental anguish on my part. He I have referred the matter to the Legal Panel of the Philippine Medical Association and their final advice is pending upon my submission of supporting ownership papers.
- Ernesto Magtoto, an officer of St. Louis Realty in charge of advertising received the letter. He stopped publication of the advertisement. contacted Doctor Aramil and offered his apologies but no rectification or apology was published
- February 20, 1969: Aramil's counsel demanded from St. Louis Realty actual, moral and exemplary damages of P110,000
- March 10: t. Louis Realty claimed that there was an honest mistake and that if Aramil so desired, rectification would be published in the Manila Times
- March 18, 1969: new advertisement with the Arcadio family and their real house was published in the Manila Times but there was no apology to Doctor Aramil and an explanation of the error.
- March 29: Aramil filed his complaint for damages
- April 15, 1969: St. Louis Realty published in the issue of the Manila Times a "NOTICE OF RECTIFICATION" in a space 4 by 3 inches
- trial court: awarded Aramil P8,000 as actual damages, P20,000 as moral damages and P2,000 as attorney's fees
- St. Louis Realty's mistake, magnified by its utter lack of sincerity, Doctor Aramil suffered mental anguish and his income was reduced by about P1,000 to P1,500 a month. Moreover, there was violation of Aramil's right to privacy
- CA: Affirmed - St. Louis Realty committed an actionable quasi-delict under articles 21 and 26 of the Civil Code
ISSUE: W/N
HELD: YES. Affirmed
- St. Louis Realty's employee was grossly negligent in mixing up the Aramil and Arcadio residences in a widely circulated publication like the Sunday Times. To suit its purpose, it never made any written apology and explanation of the mix-up. It just contented itself with a cavalier "rectification ".
- Persons, who know the residence of Doctor Aramil, were confused by the distorted, lingering impression that he was renting his residence from Arcadio or that Arcadio had leased it from him. Either way, his private life was mistakenly and unnecessarily exposed. He suffered diminution of income and mental anguish.