Francisco v.

FerrerFullecido

Facts:

Rebecca Lo and her daughter ordered a three layer cake from Fountainhead
Bakeshop.
This will be used as a wedding cake for the wedding of the daughter
Upon arrival on the reception (Cebu Country Club), they noticed the absence of the
wedding cake and made follow up call to Fountainhead
Initially, they were informed that the cake will arrive and it was late due to traffic.
However, at 8 pm (2 hours after the set deadline) they were informed that the cake
will not arrive because the order slip got lost and they were forced to buy the only
available cake which is only two-layered
CA initially decided the award of moral damages of P250,000, exemplary damages of
P100,000, cost of cake of P3,175 and attorneys fee of P10,000
ISSUES: WON nominal damages may be awarded
Decision: Yes, P10,000
Ratio:
-

First, moral damages and exemplary damages were removed by the SC by the
fact that there was no bad faith proven
For nominal damages, the court stated the following:
o petitioners must be held liable for nominal damages for insensitivity,
inadvertence or inattention to their customer's anxiety and need of the hour.
o "Nominal damages are 'recoverable where a legal right is technically violated
and must be vindicated against an invasion that has produced no actual
present loss of any kind or where there has been a breach of contract and no
substantial injury or actual damages whatsoever have been or can be shown.
o "to a plaintiff whose right has been violated or invaded by the
defendant, for the purpose of vindicating or recognizing that right, not
for indemnifying the plaintiff for any loss suffered."