Unformatted text preview: n the morning, defendant's sales representative, Mr. Popong
Bernardo, called plaintiff's house and informed the plaintiff's son that the vehicle will not be ready for pickup
at 10:00 a.m. of June 17, 1989 but at 2:00 p.m. of that day instead. Plaintiff and his son went to defendant's
office on June 17 1989 at 2:00 p.m. in order to pickup the vehicle but the defendant for reasons known only
to its representatives, refused and/or failed to release the vehicle to the plaintiff. Plaintiff demanded for an
explanation, but nothing was given; . . . (Emphasis supplied).
The VSP was a mere proposal which was aborted in lieu of subsequent events. It follows that the VSP
created no demandable right in favor of Sosa for the delivery of the vehicle to him, and its nondelivery did not
cause any legally indemnifiable injury.
The award then of moral and exemplary damages and attorney's fees and costs of suit is without legal
basis. Besides, the only ground upon which Sosa claimed moral damages is that since it was known to his
friends, townmates, and relatives that he was buying a Toyota Lite Ace which they expected to see on his
birthday, he suffered humiliation, shame, and sleepless nights when the van was not delivered. The van
became the subject matter of talks during his celebration that he may not have paid for it, and this created
an impression against his business standing and reputation. At the bottom of this claim is nothing but
misplaced pride and ego. He should not have announced his plan to buy a Toyota Lite Ace knowing that he
might not be able to pay the full purchase price. It was he who brought embarrassment upon himself by
bragging about a thing which he did not own yet.
Since Sosa is not entitled to moral damages and there being no award for temperate, liquidated, or
compensatory damages, he is likewise not entitled to exemplary damages. Under Article 2229 of the Civil
Code, exemplary or corrective damages are imposed by way of example or correction for the public good, in
addition to moral, temperate, liquidated, or compensatory damages. 69 CA and RTC ruling reversed and set aside. Art. 1901 – Third Person Cannot Set Up Fact of Agent’s Exceeding Authority Where Principal
Ratified or signified Willingness to Ratify Agent’s Acts
Commissioner v. San Diego, 31 SCRA 617 (1970) RANESES DOCTRINE: in a...
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- Fall '14
- gutierrez hermanos, B.A. Finance Corporation