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Globe Mackay Cable and Radio Corp Digest

Globe Mackay Cable and Radio Corp. vs. Court of Appeals 176 SCRA 778 , August 25, 1989 Restituto Tobias discovered anomalies in his company and reported them to his superiors. The next day, he was accused of involvement and subjected to hostile treatment including being called slanderous names, ordered to take a lie detector test, and submit samples. While police cleared him, his employer's private investigator found him guilty without full investigation. He was then suspended and his employer prevented him from finding new work by telling another company he was dishonest. The court ruled in favor of Tobias, finding his employer liable for damages for unlawfully causing him harm.

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Cecilia Alexandria Godoy
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88 views1 page

Globe Mackay Cable and Radio Corp Digest

Globe Mackay Cable and Radio Corp. vs. Court of Appeals 176 SCRA 778 , August 25, 1989 Restituto Tobias discovered anomalies in his company and reported them to his superiors. The next day, he was accused of involvement and subjected to hostile treatment including being called slanderous names, ordered to take a lie detector test, and submit samples. While police cleared him, his employer's private investigator found him guilty without full investigation. He was then suspended and his employer prevented him from finding new work by telling another company he was dishonest. The court ruled in favor of Tobias, finding his employer liable for damages for unlawfully causing him harm.

Uploaded by

Cecilia Alexandria Godoy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Globe Mackay Cable and Radio Corp. vs.

Court of Appeals 176 SCRA 778 , August 25, 1989


FACTS
Private respondent, Restituto M. Tobias was employed in a dual capacity as a purchasing agent and
administrative assistant to the engineering operations manager by Globe Mackay Cable and Radio
Corporation (GLOBE MACKAY), petitioner. The private respondent himself discovered the anomalies and
reported them on November 10, 1972 to his immediate superior Eduardo T. Ferraren and to petitioner
Herbert C. Hendry who was then the Executive Vice-President and General Manager of GLOBE MACKAY.
One day after the private respondent made the report, petitioner Hendry confronted him by stating that
he was the number one suspect, and ordered him to take a one week forced leave, not to communicate
with the office, to leave his table drawers open, and to leave the office keys. When Tobias returned to
work, Hendry called him “crook” and “swindler”, ordered him to take a lie detector test, and submit a
specimen of his handwriting, signatures, and initials for the investigators to determine his involvement
in the said anomalies.
Manila police investigators submitted a laboratory crime report clearing private respondent Tobias of
participation in the anomalies. However, petitioner Hendry was not satisfied with the investigation. He
hired retired Col. Jose G. Fernandez who submitted a report finding Tobias guilty. This report however
expressly stated that further investigation was still to be conducted.
Still, petitioner Hendry issued a memorandum suspending Tobias from work preparatory to the filing of
criminal charges against him. Unemployed, Tobias sought employment with the Republic Telephone
Company (RETELCO). However, petitioner Hendry, without being asked by RETELCO, Tobias, then, filed a
civil case for damages anchored on alleged unlawful, malicious, oppressive, and abusive acts of
petitioners. The Regional Trial Court of Manila, Branch IX, through Judge Manuel T. Reyes rendered
judgment in favor of private respondent, ordering petitioners to pay him eighty thousand pesos
(P80,000.00) as actual damages, two hundred thousand pesos (P200,000.00) as moral damages, twenty
thousand pesos (P20,000.00) as exemplary damages, thirty thousand pesos (P30,000.00) as attorney’s
fees, and costs; hence, this petition for review on certiorari.
ISSUE
 Whether or not petitioners are liable for damages to private respondent
HELD
The answer will be yes. After the court examined and considered the files submitted to them, they
concluded that the petitioners abused their rights and caused damage to the private respondent for
which he will be indemnified. Petitioner Hendry threaten the private respondent that if he will not
confess, the company will file a hundred more cases against him, made scornful remarks such as “crook”
and “swindler”, wrote letter to RETELCO telling them that Tobias was dismissed from his post due to
dishonesty, and filed six more criminal cases against him. The aforementioned clearly showed the
petitioners unlawful intent to cause damage to the private respondent. Furthermore, the oppression
made during the investigations for Tobias disobeyed the standards of Article 19, Human Relations of the
Civil Code of the Philippines.
The petitioners clearly failed to exercise in a proper manner their right to dismiss Tobias, giving the latter
the right to recover damages under Article 19 in relation to Article 21 of the Civil Code.

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