Globe Mackay Cable vs.

CA 176 SCRA 778

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.