Facts:
The petitioner filed a complaint against Manila Memorial Park Cemetery, Inc. for the damage caused against the deceased Vicente Juan J. Syquia's remains buried in said memorial park. The damage caused happened upon the removal, for transfer on a different plot of land, of the deceased remains. The damage became apparent upon the opening the vault where the interior walls of the concrete vault showed evidence of total flooding; the coffin was entirely damaged by water, filth, and silt causing the wooden parts to warp and separate and to crack the viewing glass panel located directly above the head and torso of the deceased; and the entire lining of the coffin, the clothing of the deceased, and the exposed parts of the deceased's remains were damaged and soiled by the action of the water and silt and were also coated with filth. Due to the alleged unlawful and malicious breach by the defendant of its obligation to deliver a defect-free concrete vault designed to protect the remains of the deceased and the coffin against the elements which resulted in the desecration of the deceased's grave and in the alternative, because of defendants gross negligence in failing to seal the concrete vault petitioners filed this complaint.
Issue:
WoN the Manila Memorial Park Cemetery, Inc. is liable for damages?
Ruling:
(Article 1170; 1171; 1338; 1344)
No, the Manila Memorial Park Cemetery, Inc. is not liable for damages.
There was no stipulation in the Deed of Sale and Certificate of Perpetual Care and in the Rules and Regulations of the Manila Memorial Park Cemetery, Inc. that the vault would be waterproof. Well settled is the rule that when the terms of the contract are clear and leave no doubt as to the intention of the contracting parties, then the literal meaning of the stipulation shall control.
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