CASE 10 , TOPIC: CONTRAVENTION OF TENOR

G.R. No. 73867 February 29, 1988

TELEFAST COMMUNICATIONS/PHILIPPINE WIRELESS, INC., petitioner,

vs.
IGNACIO CASTRO

NCC articles mentioned in the case: Articles 1170, 2716, 2217

FACTS:

Consolacion Castro, wife of the plaintiff, died on Nov. 2, 1956. On the same day, her daughter Sofia Crouch, who
was then vacationing in the Philippines, sent a telegram to Ignacio Castro in USA, through Telefast Comm., announcing
the death of her mother. However, the telegram never reached Ignacio. Due to this, no one attended the burial of
Consolacion except for Sofia. Later on, when Sofia returned to USA, she found out that the telegram had not been
received. Due to this, she brought an action for damages arising from the 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."

The lower court ruled ordered the defendant to pay the Sofia et.al, for damages. The IAC affirmed the lower
court’s decision.

ISSUE: whether or not Telefast (petitioner) is guilty of contravening its obligation therefore liable for damages

RULING:

YES.

The court ruled that 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 this case, the failure of Telefast Comm. to send the sender's telegram overseas despite payment of the
required charges, makes it guilty of contravening its obligation and is liable for damages. The 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. However, the petitioner failed to do so, despite performance by said private
respondent of her obligation by paying the required charges.

WHEREFORE, the petition is DENIED.