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vs
ALFONSO
VERCHEZ,
GRACE
VERCHEZ-INFANTE, MARDONIO INFANTE,
ZENAIDA
VERCHEZ-CATIBOG,
AND
FORTUNATO CATIBOG, Respondents.
P.S. Daghan kaayo gidiscuss sa case, so I
included them na lang, you know naman
sir.
G.R. No. 164349
FACTS:
On January 21, 1991, Editha Hebron
Verchez was confined due to an ailment. Grace
Verchez-Infante (daughter) went to the Radio
Communications of the Philippines, Inc. (RCPI,
Sorsogon) to send a telegram to her sister
Zenaida Verchez-Catibog (Zenaida) who was
residing at 18 Legal St., GSIS Village, Quezon
City reading: "Send check money Mommy
hospital." Grace paid P10.50 and was issued a
receipt. Three days after, no response was
received from her, Grace sent a letter to
Zenaida,
thru
JRS
Delivery
Service,
reprimanding her for not sending any financial
aid. After Zenaida received Graces letter, with
her husband Fortunato Catibog, left for
Sorsogon. On her arrival she disclaimed having
received any telegram. Zenaida, and her
husband, brought Editha to the Veterans
Memorial Hospital in Quezon.
The telegram from RCPI was delivered to
Zenaida 25 days later, Edithas husband Alfonso
Verchez (Verchez), by letter demanded an
explanation from the manager of the Service
Quality Control Department of the RCPI, Mrs.
Lorna D. Fabian, who replied, that due to the
occurrence of radio link connecting the points of
communication encountered radio noise and
interferences such that subject telegram did not
initially registered in the receiving teleprinter
machine .
Verchezs lawyer thereupon wrote RCPIs
manager Fabian, by letter requesting for a
conference but no representative of RCPI
showed up at said date and time. On April 17,
1992, Editha died. Verchez, with his daughters
Grace and Zenaida and spouses, filed a
complaint against RCPI before the RTC for
damages the plaintiffs alleged that, inter alia,
the delay in delivering the telegram contributed
to the early demise of the late Editha to their
damage and prejudice, for which they prayed for
HELD:
Requisites
and