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Thelma Fernan vs. CA, Et al.

THELMA FERNAN, petitioner, vs. THE COURT OF APPEALS and WHITE GOLD INCORPORATED; STEPHEN SY, VICTOR SY and MELANIO DEJINO, respondents. Luis V. Diores for petitioner. Atienza, Tabora, Del Rosario & Castillo for private respondents.

G.R. No. 43356 | 1990-01-30

D E C I S I O N

NARVASA, J:

Thelma Fernan, petitioner herein, had sued the private respondents in the Trial Court 1 to recover damages for allegedly having been unwarrantedly detained and otherwise ill-treated by them, to her shame, embarrassment and humiliation, upon mere unfounded suspicion of shoplifting while in the premises of the White Gold Department Store in Cebu City on June 29, 1968. She had originally won her case, the Trial Court, which awarded her P54,000.00 in damages and attorney's fees, with costs, invoking the Civil Code provisions on human relations, in particular Articles 19, 20, and 21. 2 On appeal by the respondents,...