RCPI VS.

VERCHEZ

Facts:
Respondent Grace Verchez-Infante hired the service of Radio Communications of the
Philippines Inc. (RCPI) to send a telegram to her sister respondent Zenaida Verchez-Catilog
(Zenaida), asking her to send money to their mother Editha Verchez who at that time has
confined in a hospital in Sorsogon. But it took 25 days before such message was conveyed to
Zenaida. When Editha died, her husband, respondent Alfonso Verchez, along his daughters
Grace and Zenaida and the ir perspective spouses, filed an action for damages against RCP
before the RTC of Sorsogon. They alleged that the delayed in the delivery of the message
contributed to the early death of Editha. RCPI argues among other things that the delay in the
delivery is caused by force majeure; hence they must be released from any liability. The RTC
rendered judgment against RCPI. RCPI appealed to the Court of Appeals. The CA affirmed the
decision of the RTC.
Issue:
Within the RCPI may be held for the damages.
Held:
Yes. Article 1170 of the Civil Code provides: Those who in the performance of their obligations
are guilty of fraud, negligence, or delay, and those in any manner contravene the tenor thereof,
are liable for damages.