Globe Mackay Cable and Radio Corp vs.

CA

176 SCRA 778

J. Cortes

Fact:

Private Respondent Restituto Tobias discovered fictitious purchases and other fraudulent
transactions which caused a huge loss of money on Petitioner Company. Respondent reported the
anomalies to his immediate superiors. Petitioner Herbert Hendry did not respond in kind by suspecting
Tobias as the prime suspect and ordered the latter to a forced one week leave. A week thereafter,
Hendry still provokes derogatory comments towards Tobias and ordered him to attend several
examinations and provide assistance on investigations to determine his guilt however yielded negative
results. Petitioner filed six criminal cases against Respondent Tobias but was dismissed.

Respondent Tobias’ employment with Petitioner Company was terminated and look elsewhere
for another job. Petitioner then wrote letters to different companies including Tobias’ preferred
company stating of the allegations incurred by the Respondent towards Petitioner. Tobias in effect filed
for civil damages on unlawful, oppressive and abusive acts of Petitioner.

Issue:

Is Petitioner Hendry liable for civil damages towards Respondent Tobias?

Held:

Yes, Petitioner’s persistence to file six cases added by an unnecessary discreditation letter
against Respondent without legitimate claims is founded to be abusive, oppressive and of unlawful
nature as stipulated in Article 19 of the Civil Code which should be actionable by compensation for
damages against Petitioner.