Telecom firm told to pay female trader

By AMOR A. LOPEZ
November 14, 2009, 6:35pm

The Court of Appeals (CA) has affirmed the decision of a Makati court that ordered a telecommunications firm to pay a businesswoman P210,000 in damages and attorney’s fees for causing her anxiety and humiliation over excessive phone billing.

Philippine Global Communications, Inc. which provides international telephone service filed a civil case for collection of unpaid phone bills against Lorna Trance in 1995 after the latter refused to pay her bills which has ballooned to P808,783.

Trance protested the billing and sought the dismissal of PGCI’s complaint and sued the telecom firm for damages for causing her emotional stress.

Trance said while she manages a magazine and candy kiosk where she operates a public phone at P3 per three-minute call, it was reportedly impossible for a customer to place an international call without her knowing it. However, instead of collecting from Trance, the telecom firm ended up paying Trance in damages after it failed to pursue its civil case before the lower court resulting in its dismissal.

PGCI and its counsel failed to appear in court for the hearing of its case despite due notice.

The Twelfth Division of the CA in a decision written by Associate Justice Mario L. Guarina III said the acts of PGCI in demanding payment from Trance without proof that the latter knew of the services it was offering is a “wrongful act” that deserve compensation.

Aside from this, the court said PGCI sued in bad faith when it abandoned its case without rhyme or reason after suing Trance causing her untold agony and humiliation.