PERSONS Doctrine:
133 SCRA 179 / GR # L-46061
ST. LOUIS REALTY CORPORATION v. COURT Date: November 14, 1984
OF APPEALS
Ponente: Aquino, J.
St. Louis Realty Corporation, petitioner Court of Appeals and Conrado J. Aramil,
respondents
Nature of the case: petition to review the judgement of the CA
FACTS
- Case: recovery of damages for a wrongful advertisement in the Sunday Times where St.
Louis Realty Corporation misinterprested that the house of Dr. Aramil belonged to
Arcadio
- St. Louis Realty published, with the permission of Arcadio and without the permission of
Dr. Aramil, in the issue of the Sunday Times dated December 15, 1968 an advertisement
with the heading “WHERE THE HEART IS”. Below the heading is the photo of Dr. Aramil’s
house and the Arcadio family.
- The same advertisement appeared again in the Sunday Times dated January 5, 1969
- Dr. Aramil wrote a letter to St. Louis Realty Corporation stating that he is not aware of
any permission or authority for the use of his house for such publicity and that he will be
constrained to pursue court action against St. Louis Realty Corp. unless they could
satisfactorily explain that matter within a week upon receipt of the letter
- The letter was received by Ernesto Magtoto, an officer of St. Louis Realty Corp. in charge
of advertising. He stopped publication of the ad and contacted Dr. Aramil and offered his
apologies. However, no apology was published
- On february 20, 1969, Aramil’s counsel demanded from St. Louis Realty Corp. actual,
moral and exemplary damages of P110,000 (Exh. D).
- St. Louis Realty Corp. answered that there was an honest mistake and that if Dr. Aramil
so desired, rectification and apology shall be published in Manila Times
- March 18. 1969 – new advertisement in Manila Times was published with the Arcadio
family and their real house. No apology to Dr. Aramil and explanation of the error was
published
- March 29, 1969 – Aramil filed complaint for damages
- Arpil 15, 1969 – St. Louis Realty Corp. published in Manila Times the following “NOTICE
FOR RECTIFICATION”.
- Justice Leuterio observed that St. Louis Realty should have immediately published a
rectification and apology
ISSUE/S
WON St. Louis Realty Corporation caused damages to Dr. Aramil in violation of Art.
26 of the Civil Code. YES
RATIO
Judge Jose M. Leuterio observed that St. Louis Realty should have immediately
published a rectification and apology. He found that as a result of St. Louis Realty’s mistake,
magnified by its utter lack of sincerity, Dr. Aramil suffered mental anguish and his income
was reduced by about P1000 – P1500 a month. Moreover, there was violation of Aramil’s
right to privacy (Article 26, Civil Code)
The Trial Court awarded Aramil P8000 as actual damages, P20000 as moral
damages, and P2000 as attorney’s fees.
St. Louis Realty’s employee was grossly negligent in mixing up the Aramil and
Arcadio residences in a widely circulated publication like the Sunday Times. To suit its
purpose, it never made any written apology and explanation of the mix up. It just
contented itself with a cavalier “rectification”.
WHEREFORE the judgement of the Appellate Court is affirmed. Costs against the petitioner.
Notes
Article 26 (Civil Code) - Every person shall respect the dignity, personality, privacy and peace of mind
of his neighbors and other persons. The following and similar acts, though they may not constitute a
criminal offense, shall produce a cause action for damages, prevention and other relief:
(1) Prying into the privacy of another’s residence;
(2) Meddling with or disturbing the private life or family realtions of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of
birth, physical defect, or other personal condition.
1-C 2015-16 (MARAVILLA)
