A Real Nightmare

Posted by Admin | Posted in Felonies (Revised Penal Code), Law on Crimes, True Stories | Posted on 02-08-2010

Tagged Under : , , ,

Rina” was a 30 year old British woman who spent a summer getaway in the Philippines. She stayed at a beach resort in Palawan where she met “Eric” – the son of the owners of the resort. Rina and Eric felt physically attracted to each other and soon developed a passionate love affair. They made love almost every night! One day, Eric took Rina to another resort owned by his granduncle. There they met “Noel” – Eric’s friend who was a tourist guide in that resort. In the evening of the same day, the three (Rina, Eric and Noel), together with two other male employees of the resort, went out to drink and party. When they went back to the resort, the men decided to go on spear fishing while Rina proceeded to the cottage assigned to her and Eric. She had a few drinks of rhum and beer and was feeling a little dizzy. pinoylegal

While Eric was still out, Rina fell asleep. At about two thirty in the morning, she was awakened by the touch of a man who was then pulling down her panties. Because, the lights inside the cottage were off and she thought it was Eric, she did not stop him. The man then slightly parted her legs, removed his briefs and inserted his on hers. When he was satisfied, the man whispered: “Rina, it’s not Eric, it’s Noel. I love you.” When Rina heard this, she cried and became hysterical. She quickly washed herself as if to undo everything that has happened. www.pinoylegal.com

Meanwhile, Eric’s grandaunt heard Rina’s cry and rushed to their cottage. Thinking that Eric was forcing himself on Rina, she tried to intervene and shouted from outside. Then she saw Eric approaching the cottage holding a lighted petromax. At that same time, Eric saw Noel coming out of their cottage. Eric quickly thought that Noel might have molested Rina.  Eric had heard complains about Noel making sexual advances to other guests in the resort.  Infuriated, he hurriedly walked to the cottage and punched Noel. The two companions of Eric reported the incident immediately to the police who then captured Noel and brought him to the police station for investigation. www.pinoylegal.com Read the rest of this entry »

Happy Condolence?

Posted by Admin | Posted in Civil Law, Torts and Damages, True Stories | Posted on 01-08-2010

Tagged Under : , , , , ,

In 1991, Mr. and Mrs. A sent a telegram of condolence through RCPI to their cousin Mr. B for the death of Mrs. B’s mother.   The message expressing their deepest sympathy and concern, was addressed to Mr. and Mrs. B, it reads:

MR. & MRS. B

MAY GOD GIVE YOU COURAGE AND STRENGTH TO BEAR YOUR LOSS. OUR DEEPEST SYMPATHY TO YOU AND MEMBERS OF THE FAMILY.

However, a negligent employee of RCPI who received the message, instead of placing it in a card appropriate for the occasion, typed it in a “Happy Birthday Card” and enclosed it in a “Christmasgram” envelope.   The employee’s flimsy and preposterous excuse was: they run out of social condolence cards. www.pinoylegal.com

This clumsy mistake by the RPPI employee was very disheartening to Mr. and Mrs. A.  They felt that RCPI was mocking the death of their beloved mother. The incident became a joke to many of their friends and acquaintances, even among their relatives. This has caused much embarrassment and distress to both the senders (Mr. and Mrs. B) and the addressees (Mr. and Mrs. A) of the telegram. Instead of sending words of comfort and concern, RCPI intensified the sorrow that they were feeling at that time. Mr. B even suffered hypertension and was hospitalized for three days.  Because of this, they sued RCPI for damages. www.pinoylegal.com

Supreme Court Lessons for RCPI:

1.  If you run out of social condolence card, use instead the ordinary form, just plain and simple, without decorations and embellishments, and return the excess payment for the desired but unavailable form.

2.  Your business of receiving and transmitting telegraphic messages is imbued with public interest. By offering your services, you undertake to transmit these messages accurately as ordered by the senders.  So “please” exercise diligence in doing your job! www.pinoylegal.com

3.  You (RCPI) cannot be excused for the negligence of your employees.  As a corporation, you can act only through your employees. Therefore, the acts of your employees in receiving and transmitting messages are also your acts.  And it would be unfair for the general public for you to just “wash hands” and deny liability. pinoylegal

_______

*Story taken from the actual case of RCPI vs. Court of Appeals (G.R. No. 79578 March 13, 1991)