ST. LOUIS REALTY v CA G.R. No.

L-46061 November 14, 1984

Facts: This case is for recovery of damages filed by Dr. Aramil, a neuropsychiatrist and a faculty member at the UERM, against St. Louis Realty which mistakenly used a photo of Dr. Aramil's house in an advertisement purporting it to be the house of another person. Upon discovery of the wrongful advertisement, Dr. Aramil wrote a letter of protest to St. Louis Realty. Though the advertising officer offered personal apologies to Dr. Aramil, no rectification or apology was published. When Dr. Aramil's counsel demanded for damages, St. Louis Realty published a new advertisement but even then, there was no public apology to Dr. Aramil nor an explanation of the error. It was only when a complaint for damages was filed later on that St. Louis Realty caused a Notice of Rectification to be published. By then, the doctor had already suffered mental anguish and diminution of income. Issue: W/N St. Louis Realty was liable for damages Held: Art. 26 of the Civil Code provides that every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. Prying into the privacy of another's residence and meddling with or disturbing the private life or family relations of another and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief. Such action of St. Louis Realty of wrongfully publishing a photo of a private person's residence in a newspaper of general circulation and its failure to issue a public rectification and apology for such mistake comes within the purview of this Civil Code provision thereby entitling Dr. Aramil to damages.