GLOBE MACKAY VS TOBIAS

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MANSION BISCUIT CORPORATION, represented by its president, ANG CHO HONG, petitioner, vs.COURT OF APPEALS, TY TECK SUAN substituted by his heirs, ROSENDA TY, ELIZABETH TY KOH, EDWARD TY, EDMUND TY, EDGAR TY, EVELYN T. LIM, EDWIN TY and EDISON TY, and SIY GUI,respondents.         G.R. No. 81262     176 SCRA 778AUGUST 25, 1989
      

FACTS:  In year 1972 GlobeMackay discovered fictitious purchases and other fraudulent transactions for which it lost several thousands of pesos. Herbert C. Hendry who was the Executive President alleged Mr. Restituto M. Torbias as a number one suspect of the said anomalies since, the latter actually made the report regarding the hot issues in the company. And the petitioner filed 5cases against the respondent which 4 of those were estafa through falsification of commercial documents and 5th was for violation Art. 290 of the Revised Penal Code(Discovering Secrets Through Seizure of Correspondence) but all these cases were dismissed by the Judge of RTC for lack supporting evidence. The defendant file a civil case for damages anchored on alleged unlawful, malicious, oppressive, and abusive act of the petitioner and fortunately the judge decided in favour of the private respondents for payable charges. Petitioners appealed the RTC decision to CA and on the other hand Torbias appeal as to the amount of damages. However, in decision dated August 31, 1987 affirmed the RTC decision in toto. Petitioner questioned the award of moral damages.

ISSUE: Whether or not the petitioner is subject to exemplary damages as subject to him by the private respondents.
HELD: We rule in the negative.

The civil liability for non-payment of the nutri-wafer biscuits delivered by petitioner to the Edward Ty Brothers Corporation cannot be enforced against the private respondents because the said civil liability was not the personal liability of Ty Teck Suan to Mansion Biscuit Corporation, rather, it was the contractual liability of Edward Ty Brothers Corporation, of which Ty Teck Suan was president, to Mansion Biscuit Corporation. 
In the case at bench, the acquittal of Ty Teck Suan and Siy Gui extinguished both their criminal and civil liability as it is clear from the order acquitting them that the issuance of the checks in question did not constitute a violation of B.P. Blg. 22. Consequently, no civil liability arising from the alleged delict may be awarded.

Wherefore, the petition is hereby DENIED and the decision of the CA in CA-GR CV No. 09055 is AFFIRMED.

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