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[G.R. No. 148687.September 19, 2001]

NEW RIVIERA HOTEL DEVT. CO., INC. vs. SPOUSES GALANDINEZ

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 19 2001.

G.R. No. 148687(New Riviera Hotel Development Co., Inc. vs. Spouses Roehl and Marissa Galandinez, et al.)

On September 26, 1992, when respondents Roehl Galandinez and Marissa Dela Cruz-Galandinez were married, they had their wedding reception at Holiday Inn Manila owned and operated by petitioner New Riviera Hotel Development, Co., Inc.Their contract with petitioner provided for certain amenities including "[a] wedding bell with a pair of doves."However, when respondents pulled the ribbons attached to the wedding bell to release the doves, there were no doves, as a result of which the couple was greatly embarrassed.They requested a dialogue with petitioner, but their letters were ignored.

Respondents, therefore, brought suit against petitioner and Holiday Inn Manila, alleging that the incident was caused by the negligence of petitioner's employees resulting in "serious anxiety, sleepless nights, besmirched reputation, and social humiliation."They prayed that they be awarded P500,000.00 in moral damages and P100,000.00 in attorney's fees.

The Regional Trial Court, Branch 113, Pasay City gave judgment for respondents.The court took into consideration their status in life (respondent Roehl Galandinez is a partner in a law firm, while respondent Marissa Dela Cruz-Galandinez works at the Office of the Solicitor General); that "the incident happened during the most important day of their life together"; and the fact that petitioner refused to meet with respondents, making it necessary for them to institute the present action.Petitioner New Riviera Hotel Development Co., Inc. was ordered to pay P100,000.00 as moral damages to each of the respondents, P50,000.00 as exemplary damages, P30,000.00 attorney's fees, and costs.

On appeal, the Court of Appeals affirmed.

Hence this petition.Petitioner contends that the Court of Appeals erred in holding it liable for damages considering the fact that its failure to produce the doves was due to force majeure.Petitioner maintains that the doves were actually placed inside the wedding bell, according to the testimony of its captain waiter, William Masangkay, but that the doves were able to fly away or were release by unknown persons.

The factual finding of both the trial and appellate courts, however, is that negligence of petitioner's employees in performing their duties resulted in the embarrassing incident.Petitioner has not adduced any convincing argument for the Court to depart from this finding.The testimony of the captain waiter, William Masangkay, by which petitioner sets so much store, is not convincing since he did not have personal knowledge of how the doves were able to fly away.Petitioner did not even present the waiter who allegedly put the doves inside the wedding bell.Masangkay's claim that "within five seconds" he was able to give respondent a substitute pair of doves only proves the improbability of his claim.

The trial and the appellate courts properly awarded moral and exemplary damages to respondent spouses.Art. 1170 of the Code provides that "[t]hose who in the performance of their obligation are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages."Because of the negligence of petitioner's employees, what otherwise should have been a memorable occasion for respondents instead a source of social humiliation.

WHEREFORE, the petition is DENIED for failure to show that the Court of Appeals committed a reversible error.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court


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