FACTS: Private respondent Restituto M. Tobias was employed by petitioner Globe Mackay in dual capacity as purchasing agent and administrative assistant to the engineering operations manager. In 1972, the respondent discovered fraudulent anomalies and transactions in the said corporation for which it lost several hundred thousands of pesos. The private respondent reported to his superiors including Henry, the petitioner. However, he was confronted by Hendry stating that Tobias was the number one suspect. He was ordered to take a one week forced leave. When he returned to work, Hendry called him crook and swindler, and left a scornful remark to the Filipinos. The petitioners also charged six criminal cases against the respondentfive cases of estafa and one for violating Article 290 of the RPC (Discovering Secrets through Seizure of Correspondence). The petitioner also sent a poison letter to RETELCO causing the respondent to be unemployed.
ISSUE: Whether or not the petitioners are liable for
damages to the respondent. HELD: Petitioners invoked the right of damnun absque injuria or the damage or loss which does not constitute a violation of legal right or amount to a legal wrong is not actionable. However, this is not applicable in this case. It bears repeating that even granting that petitioners might have had the right to dismiss Tobias from work, the abusive manner in which that right was exercised amounted to a legal wrong for which petitioners must be held liable. The court awarded Tobias the following: Php 80, 000 as actual damages, Php 200, 000 as moral damages, Php 20, 0000 as exemplary damages; Php 30, 000 as attorneys fees; and, costs. Petition was denied and the decision of CA is AFFIRMED.