Jose objected stating he is a regular customer of the
supermarket
Grand Union Supermarket Et Al., V. Jose J. Espino, Jr., Et Al.,
(1979)
Lessons Applicable: Public humiliation (Torts and Damages)
Laws Applicable: Articles 19 and 21 in relation to Article 2219 of
the Civil Code, Art. 26,Art. 2214, New Civil Code
FACTS:
Jose J. Espino. Jr., a civil engineer and an executive of
Procter and Gamble Philippines, Inc, together with his wife
and two daughters went to shop at South Supermarket in
Makati
Finding a cylindrical "rat tail" file which he needed for his
hobby, he picked it up and held it fearing it might get lost
because of its tiny size
While shopping, they saw the maid of Jose's aunt so as he
talked, he placed the rat tail in his breast pocket partly
exposed
At the check-out counter, he paid for their purchases worth
P77 but forgot to pay the file
As he was exiting the supermarket, he was approached by
Guard Ebreo regarding the file in his pocket. He quickly
apologized saying "I'm Sorry" and he turned towards the
cashier to pay. But, he was stopped and instead was
brought to the rear of the supermarket when he was asked
to fill out an Incident Report labeling him as "Shoplifter"
His wife joined him since he was taking so long and they
were brought to the first checkout counter where Ms. Nelia
Santos-Fandino's desk was. She made a remark:"Ano,
nakaw na naman ito". Jose told Ms. Fandino that he was
going to pay for the file because he needed it but she
replied "That is all they say, the people whom we cause not
paying for the goods say... They all intended to pay for the
things that are found to them."
He gave P5 to pay for the P3.85 cost of the file but Ms.
Fandino said the P5 was his fine which will be rewarded to
the guard. People were staring at them. He took the file
and paid the file at the nearest checkout counter with P50
and got out as fast as they could. His first impulse was to go
back to the supermarket that night to throw rocks at its glass
windows. But reason prevailed over passion and he thought
that justice should take its due course.
He filed against Grand Union Supermarket et al. founded
on Article 21 in relation to Article 2219 of the New Civil Code
and prays for moral damages, exemplary damages, attorney
s fees and 'expenses of litigation, costs of the suit and the
return of the P5 fine
CFI: dismissed
CA: reversed and granted damages of P75,000 by way of
moral damages, P25,000 as exemplary damages, and
P5,000 as attorney's fee
ISSUE: W/N Grand Union Supermarket should be liable for public
humiliation founded on Article 21 in relation to Article 2219 of the
New Civil Code
HELD: YES. Grand Union Supermarket ordered to pay, jointly and
severally moral damages P5,000 and P2,000 as and for
attorney's fees; and to return the P5 fine
Jose did not intend to steal the file and that is act of picking
up the file from the open shelf was not criminal nor done
with malice or criminal intent for on the contrary, he took the
item with the intention of buying and paying for it
personal circumstances:
graduate Mechanical Engineer from U.P.
Class 1950, employed as an executive of Proctor & Gamble
Phils., Inc., a corporate manager incharge of motoring and
warehousing therein; honorably discharged from the
Philippine Army in 1946; a Philippine government
pensionado of the United States for six months; member of
 the Philippine veterans Legion; author of articles published
in the Manila Sunday Times and Philippines Free Press;
member of the Knights of Columbus, Council No. 3713; son
of the late Jose Maria Espino, retired Minister, Department
of Foreign Affairs at the Philippine Embassy Washington
Jose was falsely accused of shoplifting is evident
Fine branding him as a thief which was not right nor
justified
the mode and manner in which he was subjected, shouting
at him, imposing upon him a fine, threatening to call the
police and in the presence and hearing of many people at
the Supermarket which brought and caused him humiliation
and embarrassment, sufficiently rendered the petitioners
liable for damages under Articles 19 and 21 in relation to
Article 2219 of the Civil Code
It is against morals, good customs and public policy to
humiliate, embarrass and degrade the dignity of a person
Everyone must respect the dignity, personality,
privacy and peace of mind of his neighbors and other
persons (Article 26, Civil Code)
His forgetfullness led to his embarassment and humiliation
thereby causing him mental anguish, wounded feelings and
serious anxiety. His act of omission contributed to the
occurrence of his injury or loss and such contributory
negligence is a factor which may reduce the damages that
private respondent may recover (Art. 2214, New Civil Code).
Moreover, that many people were present and they saw and
heard the ensuing interrogation and altercation appears to
be simply a matter of coincidence in a supermarket which is
a public place and the crowd of onlookers, hearers or
bystanders was not deliberately sought or called by
management to witness private respondent's predicament.
Grand Union Supermarket acted in good faith in trying to
protect and recover their property, a right which the law
accords to them. - eliminate the grant of exemplary
damages
CARPIO v. VALMONTE
G.R. No. 151866; September 9,
2004; Tinga, J.
FACTS:
Respondent Valmonte is a wedding coordinator. Michel
le del Rosario a n d J o n S i e r r a e n g a g e d h e r s e
rvices for their church wedding. On that
day,Valm onte went to the Manila Hotel to
where the bride and her family wereb i l l
e t e d . W h e n s h e a r r i v e d a t t h e S u
i t e , s e v e r a l p e r s o n s w e r e a l r e a d
y there including the petitioner Soledad
C a r p i o , a n a u n t o f t h e b r i d e w h o w a s prepar
ing to dress up for the occasion. After reporting to the bride,
Valmonte went out of the suite carrying the
itemsn e e d e d f o r t h e w e d d i n g r i t e s a n d t h e
g i f t s f r o m t h e p r i n c i p a l s p o n s o r s . S h e proc
eeded to the Maynila Restaurant where the reception was to be
held. She went back to the suite after, and found several people
staring at her when
shee n t e r e d . . I t w a s a t t h i s j u n c t u r e t h a t p e t i t i o
n e r a l l e g e d l y u t t e r e d t h e f o l l o w i n g words to
Valmonte:
Ikaw lang ang lumabas ng kwarto, nasaan ang dala
mong bag? Saan ka pumunta? Ikaw lang and lumabas ng
kwarto, ikaw ang kumuha.
Petitioner then ordered one of the ladies to search Valmontes
bag.
It turned out that after Valmonte left the room to attend
to her duties, petitioner discovered that the pieces of jewelry
which she placed inside the comfort room in apaper bag were
lost.A f e w d a y s a f t e r t h e i n c i d e n t , p e t i t i o n
e r r e c e i v e d a l e t t e r f r o m V a l m o n t e demandi
ng a formal letter of apolog y which she wanted to be
circulated to thenewl ywed s relatives and guests to
redeem her smeared reputation as a result
of petitioners imputations against her. Petitioner did not respond
to the letter. Thus,on 20February 1997, Valmonte filed a suit for
damages against petitioner.
ISSUE:
W/N respondent Valmonte is entitled to damages
RULING:
Valmonte is entitled to damages. In the case at bar,
petitioner s verbal reproach against respondent was certainly
uncalled for considering that by her ownaccount nobody knew
that she brought such kind and amount of jewelry inside thepaper
bag. True, petitioner had the right o ascertain the identity of the
malefactor,but to malign respondent without an iota of proof that
she was the one who
actuallys t o l e t h e j e w e l r y i s a n a c t w
h i c h , b y a n y s t a n d a r d o r p r i n c i p l
e o f l a w i s impermissible. Petitione
r had willfully caused injury to resp
o n d e n t i n a manner which is contrary to morals and good
customs. She did not act with justiceand good faith for
apparentl y, she had no other purpose in mind but to
prejudice r e s p o n d e n t . C e r t a i n l y , p e t i t i o n e r t r a n s
g r e s s e d t h e p r o v i s i o n s o f A r t i c l e 1 9 i n relation to
Article 21 for which she should be held accountable
University of the East vs Romeo Jader
In 1987, Romeo Jader was a graduating law student at the
University of the East. He failed to take the regular examination in
Practice Court 1 for which he was given an incomplete grade
(INC). He enrolled for the second semester as a fourth year
student, and filed an application for the removal of the incomplete
grade which was approved by the Dean.
In the meantime, the faculty members and the Dean met to
deliberate who among the fourth year students should be allowed
to graduate. Jaders name appeared on the tentative list, he also
attended the investiture ceremonies and later he gave blowout
celebrations. He thereafter prepared himself for the bar
examination and took review classes. However, he was not able
to take the 1988 bar examinations because his academic
requirements were not complete because it appears that his INC
rating was not removed.
Consequently, he sued UE for damages alleging that he suffered
moral shock, besmirched reputation, wounded feelings, and
sleepless nights, when he was not able to take the 1988 bar
examinations arising from the UEs negligence. He prayed for an
award of moral damages, unrealized income, attorneys fees and
cost of suit.
ISSUE: Whether or not an educational institution be held liable for
damages for misleading a student into believing that the latter
had satisfied all the requirements for graduation when such is not
the case.
HELD: Yes. The Supreme Court held that UE is liable for
damages. It is the contractual obligation of the school to timely
inform and furnish sufficient notice and information to each and
every student as to where he or she had already complied with
the entire requirement for the conferment of a degree or whether
they should be included among those who will graduate. The
school cannot be said to have acted in good faith. Absence of
good faith must be sufficiently established for a successful
prosecution by the aggrieved party in suit for abuse of right under
Article 19 of the Civil Code.
JOSE CORDERO, et al. vs. ALICIA B. BUIGASCO, et al. 17
CAR 2s 517
CA, G.R. No. 34130-R, April 17, 1972
Named defendants in this action for damages, instituted by
Joselito
Gomez and the spouses Jose Cordero and Eusebia B. Cordero,
now appellees, pursuant to the first and second paragraphs of
Article 26 of the new Civil Code, are Alicia Buigasco, author of the
article Malagim Na Wakas Ng Isang Pagibig, the Liwayway
Publications, Incorporated, which owns the Aliwan Magazine in
which that article appeared, and Hilario Coronel, editor of the
Aliwan Magazine. After trial, the Court below rendered judgment
for the plaintiffs and against the defendants, condemning the said
Alicia Buigasco, the Liwayway Publications, Incorporated and the
heirs of Hilario Coronel who died during the pendency of the
case, namely, Leticia Manikis, Hernando, Luis and Hector, all
surnamed Coronel, to pay plaintiff-appellees the amount of Ten
Thousand Pesos (P10,000.00) as moral damages, Two Thousand
Pesos (P2,000.00) in concept of attorneys fees, and the costs of
the suit.
From this judgment, the defendants appealed, and in their brief
as- sailed the correctness of the award of the sums aforestated
as damages and the propriety of applying Article 26 of the new
Civil Code to the case at bar.
Malagim Na Wakas Ng Isang Isang Pagibig the story in
question, contains the details of the private and personal affairs of
plaintiff-appellee Joselito Gomez and Anida Cordero, whose real
names were used. It was written just after the publication of the
news reports on the death of Anida Cordero, on March 20, 1961,
in a motor vehicle mishap in front of the Brown Derby at Quezon
City, where she and her boyfriend, Joselito Gomez, were then
going for a snack.
Because it spawned the present lawsuit, and in view of its basic
rel- evance and pertinence to an intelligent and judicious
consideration of this appeal, we think it best before proceeding to
take up the issues, which to us appear to be the object of debate
to reproduce in full the English translation of the short story in
question, which translation has been presented as Exhibit C, to
wit:
LOVES TRAGIC END
As told by Joselito Gomez to Alicia Buigasco
When shared with your beloved, love is sweet and heavenly. But
when one of you is gone, love turns bitter, colorless and lifeless.
Nor would you ever care to utter loves endearing words again.
Rather you would wish to go where she has gone.
This was what I felt when my beloved Anida was taken away
from me. My sweetheart was killed recently in an accident.
Her death pierced my heart. It continued to bleed. I wonder when
it would heal.
Her death left me in pain. The two of us formed that love, we
dreamt, we hoped, we waited. And when our dream was fast
becoming a reality, death snatched her from me. Why should this
happen to us? I still cant find the answer. All I know is that I long
for Anida.
I wouldnt want to remember our happy days together. It only
aggravates the pain in my heart. But now that shes gone, nothing
is left me but her memory. I cannot part with her memory. Her
body was already taken away from me but her memory will
remain with me fresh at all times. Her memory lingers with me;
and veil of solitude, loneliness and mourning shall cover my
heart.
I didnt know that meeting Anida would end in pure and sweet
story of love. I met her at the university where she was studying. I
went there because I happen to need something from a friend
who was also taking up medicine. My friend and I were
conversing when she passed by. I admired her the first time I saw
her. She was in her white uniform and was carrying some books.
When my friend saw her, they smiled at each other and they
chatted.
Pit, this is my classmate, Anida Cordero, my friend turned to
me.
And he is Joselito Gomez, Pit for short. Bert introduced me to
her.
You didnt tell me you have such beautiful classmates. I told
Bert.
Thats to surprise you. We really have many beautiful ladies
here.
So thats why youre so contented staying around. I teased Bert.
We laughed and Anida laughed, too.
Shall we talk here? Lets go to the canteen. Bert suggested.
Lets go Anida.
And Anida obliged. We teased each other even more in the
canteen. I dont know my own feelings then. I was very, very
happy. It seemed I was on the clouds.
I would often glance at her but would look elsewhere when she
would look at me.
I didnt realize that Bert was watching me as I stared at Anida.
He was noting my every glance. Really, at that moment I was
captivated by Anida.
When the bell rang for the next period, Anida quickly picked up
her books and bade us good-bye.
I still have a class, Bert, Pit. I shall go now. Thanks ha? And she
left.
My eyes followed her as she walked away.
You seem to have fallen for her, Bert said. Your eyes seemed
glued to her face.
Not really. I lied. I merely was admiring her.
Dont you try to cover up. It was too obvious. Bert laughed. I
laughed, too.
I was very happy on my way home. I was whistling when I And we met a lot of times, Ive lost count. And the time came
reached our house. when I could no longer keep my love to myself, I told her I loved
You look happy. My mother told me. What have you eaten? her.
Nothing, I laughed. Is it bad to be happy once in a while? You might get sick, she teased me.
Youre really satisfied. Thats why Im wondering. My mother I will really get sick if you wont love me. I stared at her.
teased further. Anida smiled. I held her hand and saw happiness on her face.
Youll know why later. And I quickly went to my room upstairs. You love me too, dont you? I said pressing her hand in mine.
That night I didnt sleep much. I could see Anidas face every- She smiled and nodded her head. My heart overflowed with joy. I
where. Her image seemed glued to my eyelids. Her kind face, her wanted to shout to the whole world my beautiful fate that day.
nose, eyes, lips slowly passed before my sight. She was in my We got engaged without the knowledge of her parents. We kept
thoughts until I finally slept. our secret to ourselves. From that time one I would fetch Anida
The next day, I was full of energy when I reported for work. from her school. We were always very happy. Our hearts had no
In the afternoon after my office hours, I wanted to go to UST. My room for sadness.
heart whispered that I should see Anida. I longed to see and talk Once I took her to the bus line.
with her. But I vascillated. I felt somewhat shy. But my heart won I shall take you home now. I told her. I would like to see your
after all. I could not control myself anymore and I found my feet place and meet your folks.
negotiating the spacious UST grounds. Anida looked sad.
The classes were over when I arrived at the College of Medicine. No, she forbade. Dont go to our house. My father will get mad.
I craned my neck searching for her among the students leaving I told you he told me not to fall in love while Im still studying. I
the building. Then, I saw Anida with her classmates. She left them shall introduce you to them when I am through with my studies.
when she saw me. And when will that be? It might take you three years more to
Did you see Bert? She asked. finish your course.
Not yet, I answered feeling the loud thump thump of my heart. Nevermind. Times run very fast these days. You merely blink
I didnt see him today. Anida said looking at the door of the your eyes and its night already. And in a while, the mornings
building. Maybe hes absent. here again.
Lets go then. I smiled at what she said.
Where? She looked at me. Dont you worry. I shall finish eventually. You be patient.
Home. Why arent you going home? And her words sustained me. And though I felt some failure
I am. And together we walked the road leading towards the because I couldnt take her home that day, I consoled myself that
gate. time will come when I shall meet her parents too.
Before we went home, I invited her for a snack at the restaurant After a year, Anida told me that she will be sent to Baguio with
opposite the campus. And she obliged. We talked about a lot of some of her classmates. They shall be trained in a hospital there.
things, including our own lives. Then we shall not see each other for a long time. I told Anida. I
I learned that she was the eldest of three children. Two girls and shall be lonely.
a boy. Her brother was married and was living with his in-laws. Maybe we wont stay there long. After we have observed there,
Her father was from Cavite and her mother was from Cabuyao. we shall be back.
She was her fathers favorite because shes the eldest. She was Even then. That will take long.
given everything she wanted but her father forbade her to fall in Maybe it would be better if I go to Baguio too, could I?
love while she was studying. After our snack I took her to the bus Her eyes sparkled.
line. I couldnt take her home because she didnt want me to. Thats up to you. But lets keep this a secret.
And I followed Anida to Baguio without anyone getting wind of it.
We didnt stay long in Baguio and that at a few days of stay, we
returned back to Manila. I could feel then that the love in our
hearts became more stronger, and that, the tie between us
became more real and pure as ever. Like what Anida said to me,
it didnt take long and I learned that Anida finally finished her
studies. I said to myself then, that at last our dreams will
eventually be fulfilled, and the period of waiting will finally be
compensated.
Anida was very happy then. It will be very soon that our dreams
will be reduced to reality, she said. Im so happy also Anida, I
answered her. I have been waiting for a day to meet your parents
personally, I added.
It was on the 24th of March when Anida received her diploma. I
was present and had witnessed her during her graduation on that
day, which she considered as very significant in her life. I
attended her graduation, though I keep on hiding from her
parents whom I know were also there. Though, I was very eager
then to meet her parents personally, I just kept silent about it
because I would like her to be the one to introduce me to them.
Five days after her graduation, Anida and I met again, I went to
the University to fetch her. I never thought nor conceived that it
was on that day that our love affair would come to an end. Anida
was preparing her things when I arrived at the University. Wait for
a few minutes and this will be finished, she said smiling. Where
are we going? She asked. We will just take a snack at the Brown
Derby. I answered. You look tired and you need something cold
to drink, I continued. Yes, just a few more minutes, she said.
After she finished all her papers, we left the University together.
We boarded a bus bound to Brown Derby. She was very happy
then, and she kept on telling me many things while we were
inside the bus.
We were already crossing the road opposite the place where we
will take the snack when suddenly a truck appeared towards our
direc- tion. I took hold of Anida very tightly and helped her cross
the street.
But, Ive noticed that as if she cant move her feet, as if she cant
walk. She became confused and moved backward. I cant
remember anymore what happened next after that. I just found
myself already on the other side of the street, and that I saw
Anida lying on the middle of the street. Anida! I cried. And I ran
towards her. I carried her towards the side of the street, but she is
already dead. I took hold of her pulse but it is no longer beating.
Anida is no longer breathing. Anida! Oh Anida! I cried and wept
unashamedly without noticing at the time that there were already
many people around us. All that I know only is the lifeless body of
my dear sweetheart.
After the lapse of a few minutes, policemen arrived and they
questioned me. I dont know what to answer at the time. I was
very confused then. After a while, I thought of the parents of
Anida. They must know what happened, I said to myself. And so I
called them over the phone. Your daughter met an accident, I
said. The corpse was brought to the morgue, I was always beside
her. I dont want to leave her alone.
The following day, the body of Anida was brought to their house.
I was not able to evade them anymore because I knew then that
her parents read already in the morning papers what happened
and my relation to Anida. So that on the afternoon of that day, I
personally went to the house of Anida. That was my first time to
reach their place. Right after I reached their place, I kissed the
hands of her parents. I cant utter any word, neither her parents.
I went to her lifeless body. I looked at her and when my eyes saw
her face, I began to cry again unashamedly.
It was on the 2nd of April (the day when our Lord Jesus Christ
came to life again), about 4:00 oclock in the afternoon when
Anida was brought to her grave in Cabuyao, Laguna. When her
body was about to be dropped at her grave, I requested that her
cadaver be opened again for the last time. After it was opened, I
touched her face, I looked at her face for the last time, I stared at
her in order that her face will be enshrined forever in my mind.
Its really bitter that such fate happened to us. Right at that very
moment, I would like to die also in order to follow her.
Because of the sudden and tragic death of Anida, my heart, life
and love were burried with her. To me she is incomparable
irreplace- able.
There is hardly any doubt, therefore, that appellees have made
out a case within the compass of Article 26, paragraphs 1 and 2
of the new Civil Code, which provides that:
The rationale for Article 26, supra, has been stated by the Code
Com-
mission in its Report, thus
The sacredness of human personality is a concomitant of every
plan for human amelioration. The touchstone of every system of
laws, of the culture and civilization of every country, is how it
dignifies man. If in legislation, inadequate regard is observed for
human life and safety; if laws do not sufficiently forestall human
suffering or do not try effectively to curb those factors or
influences that wound the noblest sentiments; if the statutes
insufficiently protect persons from being unjustly humiliated; in
short, if human personality is not properly exalted then the laws
are indeed defective. (1 Tolentino, Civil Code of the Philippines,
1968 Edition, p. 89).
Quite manifestly, the law in question was enacted in view of the
rec- ognized inadequacy or insufficiency of the existing laws on
libel and other related pieces of legislation purposely to exalt,
enhance and protect the hu- man personality from uncalled for
intrusions or humiliation. That being so, the said article is
decidedly broader in meaning and application than the laws on
defamation. As Senator Arturo N. Tolentino has accurately
pointed out, the article is perhaps one of the most fruitful sources
of litigation under the present Code. It has practically incorporated
into the Civil Code a large portion of the system of torts of
American law, and has gone even farther by creating a statutory
sanction for acts which many American courts have refused to
consider as grounds for action. He submits the view that the
enumeration contained in the four numbered paragraphs of this
article is merely illustrative and does not limit the scope of the
article. The principal rule is expressed in general terms in the first
sentence; and the cases men- tioned in the numbered
paragraphs are merely instances falling within the terms of the
general rule, considering that the article denounces similar
acts. (I Tolentino, Civil Code of the Philippines, 1968 Edition, p.
88).
There is a mild criticism in 70 U.S.L. Rev. 435, 447, of the rea-
soning of the courts in basing the right of privacy on the
declaration of rights with respect to the pursuit of happiness. And
in 13 Southern Cal. L. Rev. 81, 88, it is stated, with reference to
this and the other constitutional peg the right to liberty under
the due process clause, mentioned in the Pavesich Case:
Neither clause ordinarily has been interpreted as conferring
personal rights on an individual as against other individuals. They
rather have been construed as limitations on government action
alone.
At the risk of prolixity, let it be said again that there is here a
tortious intrusion upon appellees domestic circle which can
hardly be gainsaid. For the love affair between appellee Joselito
Gomez and the late Anida Cord- ero; how that affair was
conceived, born, nurtured and ended; the attitude of Anidas
parents, Jose Cordero and Eusebia B. Cordero, towards it; and
how the parents tried to control and steer their daughter away
from such an affair, are matters which are strictly and essentially
private and purely personal to the parties concerned over which
the public obviously can claim
no legitimate interest whatsoever. That these matters were given
undue and unwarranted publicity by the appellants without the
consent or authorization of the persons involved in a manner
which openly revealed the identities of the latter, either thru the
use of their real names, their pictures, or their description which
could have left no room for doubt as to the identity of the subject
being described, have all been competently established by
appellees evidence and not disproved by appellants. In this
regard, the authorities are almost one in holding that
The unwarranted publication of a persons name, or the unau-
thorized use or publication of his photograph or other likeness,
consti- tutes the most common means of invasion of the right of
privacy. The sale of photographs of the plaintiff, the unwarranted
publication of the plaintiffs picture in a newspaper, the
unauthorized exhibition of an x-ray picture showing a part of the
plaintiffs body or of pictures show- ing the performance of an
operation upon the plaintiff or the effects of disease upon the
plaintiffs appearance, or the publication of the name and picture
of a woman in bed in a hospital, in connection with a story
concerning her unusual ailment, has been held to violate the right
of privacy. (41 Am. Jur., S. 21, p. 940).
The right to privacy covers all intrusion upon the plaintiffs
solitude, publicity given to his name or likeness or to private
informa- tion about him and the commercial appropriation of his
personality. A publication of a mans picture, therefore, without the
consent, even though the same does not constitute libel, violates
his privacy. With more reason is a mans privacy violated by the
publication of his pic- ture without his consent for commercial
purposes. The right, however, is subject to a privilege to publish
matters of news value, and public interest to waiver as when a
person runs for public office. (Caguioa, Civil Code, Vol. I, 1959
ed., pp. 40-42, citing Prosses on Torts, 1050, 1059).
Clearly, therefore, there would be an actionable violation of the
right of privacy if (1) publicity is given to any private or purely
personal information about a person, (2) without the latters
consent, (3) regardless of whether or not such publicity
constitutes a criminal offense, like libel or defamation, the
circumstance that the publication was made with the intent of gain
or for commercial and business purposes invariably serves to
aggravate the violation of the right.
It is chiefly for this reason that appellants reliance on the defense
that the story in question is non-defamatory in character, must
prove unavail- ing. Quite categorically, Article 26, in excluding the
element of a questioned publication being of a defamatory
character, as a requisite to the recovery of damages, provides
that the acts enumerated therein, which, as already pointed out
elsewhere, are merely illustrative, not restrictive, of so many other
tortious wrongs contemplated by the article although they may
not constitute a criminal offense, shall produce a cause of action
for damages, prevention and other relief. Stated differently, the
question of whether or
not the publication complained of is defamatory in character, is
relevant only in a prosecution for the crime of libel, but not so in a
civil action for violation of the right of privacy. Similar principles
are held in American Law and jurisprudence. (Cf.: 41 Am. Jr., p.
953 and the cases cited therein; 77 C.J.S. pp. 414, 415, citing
several cases; 138 ALR pp. 47-48).
Finally, while it is true that the right of privacy is a purely personal
right which cannot, as a general rule, be asserted by anyone
other than by him whose privacy is invaded (See 138 ALR, pp.
50-52 and the cases therein cited), it is equally true that cases
abound where courts have allowed recovery of damages for the
unauthorized use of the name or picture of a deceased person for
advertising or trade purposes. Thus, where a photographer was
employed to make a photograph of the corpses of twin children,
who had been born partially joined together, and to make twelve
copies of the picture and no more, but contrary to the agreement,
made other photographs from the negatives and procured a
copyright thereon, it was held that the parents of the children
could recover damages against the photographer on account of
their humiliation and wounded feeling and sensibilities resulting
from the exhibition of the photographs to others. x x x
Dr. Rico S.Jacutin vs. People of the Philippines
G.R. No. 140604. March 6, 2002
Facts: Juliet Q. Yee, then a 22-year old fresh graduate of nursing,
averred that on 28 November 1995 her father accompanied her to
the office of petitioner at the City Health Office to seek
employment. Juliets father and petitioner were childhood friends.
Juliet was informed by the doctor that the City Health Office had
just then filled up the vacant positions for nurses but that he
would still see if he might be able to help her.
The following day, 29 November 1995, Juliet and her father
returned to the City Health Office, and they were informed by
petitioner that a medical group from Texas, U.S.A., was coming to
town in December to look into putting up a clinic in Lapasan,
Cagayan de Oro, where she might be considered. On 01
December 1995, around nine oclock in the morning, she and her
father went back to the office of petitioner. The latter informed her
that there was a vacancy in a family planning project for the city
and that, if she were interested, he could interview her for the job.
Petitioner then started putting up to her a number of questions.
When asked at one point whether or not she already had a
boyfriend, she said no. Petitioner suggested that perhaps if her
father were not around, she could afford to be honest in her
answers to the doctor. The father, taking the cue, decided to
leave. Petitioner then inquired whether she was still a virgin,
explaining to her his theory on the various aspects of virginity. He
hypothetically asked whether she would tell her family or friends
if a male friend happened to intimately touch her. Petitioner later
offered her the job where she would be the subject of a
research program. She was requested to be back after lunch.
Before proceeding to petitioners office that afternoon, Juliet
dropped by at the nearby church to seek divine guidance as she
felt so confused. When she got to the office, petitioner made
several telephone calls to some hospitals to inquire whether there
was any available opening for her. Not finding any, petitioner
again offered her a job in the family planning research
undertaking. She expressed hesitation if a physical examination
would include hugging her but petitioner assured her that he
was only kidding about it. Petitioner then invited her to go
bowling. Petitioner told her to meet him at Borja Street so that
people would not see them on board the same car together.
Soon, at the designated place, a white car driven by petitioner
stopped. She got in. Petitioner held her pulse and told her not to
be scared. After dropping by at his house to put on his bowling
attire, petitioner got back to the car.
While driving, petitioner casually asked her if she already took her
bath, and she said she was so in a hurry that she did not find time
for it. Petitioner then inquired whether she had varicose veins,
and she said no. Petitioner told her to raise her foot and lower
her pants so that he might confirm it. She felt assured that it was
all part of the research. Petitioner still pushed her pants down to
her knees and held her thigh. He put his hands inside her panty
until he reached her pubic hair. Surprised, she exclaimed hala
ka! and instinctively pulled her pants up. Petitioner then touched
her abdomen with his right hand saying words of endearment and
letting the back of his palm touch her forehead. He told her to
raise her shirt to check whether she had nodes or lumps. She
hesitated for a while but, eventually, raised it up to her navel.
Petitioner then fondled her breast. Shocked at what petitioner did,
she lowered her shirt and embraced her bag to cover herself,
telling him angrily that she was through with the research. He
begged her not to tell anybody about what had just happened.
Before she alighted from the car, petitioner urged her to
reconsider her decision to quit. He then handed over to her
P300.00 for her expenses.
Issue: Whether or not petitioner is guilty of the crime of sexual
harassment as defined and punished under R.A. 7877.
Held:The questioned decision of the Sandiganbayan in Criminal
Case No. 23799, finding Dr. Rico Jacutin y Salcedo GUILTY of
the crime of Sexual Harassment defined and punished under
Republic Act No. 7877, particularly Sections 3 and 7 thereof, and
penalizing him with imprisonment of six (6) months and to pay a
fine of Twenty Thousand (P20,000.00) Pesos, with subsidiary
imprisonment in case of insolvency, is AFFIRMED.
Rationale: Section 3 of Republic Act 7877 provides:
SEC. 3. Work, Education or Training-related Sexual Harassment
Defined. Work, education or training-related sexual harassment
is committed by an employer, employee, manager, supervisor,
agent of the employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority, influence or
moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any
sexual favor from the other, regardless of whether the demand,
request or requirement for submission is accepted by the object
of said Act.
(a) In a work-related or employment environment, sexual
harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment of said
individual, or in granting said individual favorable compensation,
terms, conditions, promotions, or privileges; or the refusal to grant
the sexual favor results in limiting, segregating or classifying the
employee which in any way would discriminate, deprive or
diminish employment opportunities or otherwise adversely affect
said employee.
While the City Mayor had the exclusive prerogative in appointing
city personnel, it should stand to reason, nevertheless, that a
recommendation from petitioner in the appointment of personnel
in the municipal health office could carry good weight. Indeed,
petitioner himself would appear to have conveyed, by his words
and actions, an impression that he could facilitate Juliets
employment. Indeed, petitioner would not have been able to take
undue liberalities on the person of Juliet had it not been for his
high position in the City Health Office of Cagayan de Oro City.
The findings of the Sandiganbayan were bolstered by the
testimony of Vivian Yu, petitioners secretary between 1979 to
1994, of Iryn Lago Salcedo, Public Health Nurse II, and of Farah
Dongallo y Alkuino, a city health nurse, all of whom were said to
have likewise been victims of perverse behavior by petitioner.