Professional Documents
Culture Documents
SUPREME COURT
Manila
SECOND DIVISION
2. Declaring defendants Alex Go and Nancy Go jointly and severally
liable to plaintiffs Hermogenes Ong and Jane C. Ong for the
following sums:
G.R. No. 114791 May 29, 1997
a) P450.00 , the down payment made at contract time;
NANCY
GO
AND
ALEX
GO, petitioners,
vs.
THE HONORABLE COURT OF APPEALS, HERMOGENES ONG and JANE C.
ONG, respondents.
ROMERO, J.:
This contention is primarily premised on Article 1883 of the Civil Code which states
thus:
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.
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 against the principal.
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
is any manner contravene the tenor thereof, are liable for damages."
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.
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 said
private respondents and are thus liable for damages.
Considering the attendant wanton negligence committed by petitioners in the case at bar,
the award of exemplary damages by the trial court is justified 10 to serve as a warning to
all entities engaged in the same business to observe due diligence in the conduct of their
affairs.
The award of attorney' s fees and litigation expenses are likewise proper, consistent with
Article 2208 11 of the Civil Code.
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 respondent,
she was acting alone for her sole interest. 12
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. In 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. 13
WHEREFORE, the assailed decision dated September 14, 1993 is hereby AFFIRMED
with the MODIFICATION that petitioner Alex Go is absolved from any liability to
private respondents and that petitioner Nancy Go is solely liable to said private
respondents for the judgment award. Costs against petitioners.
SO ORDERED.