*
G.R. No. 156132. October 16, 2006.
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* FIRST DIVISION.
379
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appellee; (7) when the findings are contrary to those of the trial
court; (8) when the findings are conclusions without citation of
specific evidence on which they are based; (9) when the facts set
forth in the petition as well as in the petitioner’s main and reply
briefs are not disputed by the respondent; and (10) when the
findings of fact are premised on the supposed absence of evidence
and contradicted by the evidence on record.
Judges; That the trial court judge who decided a case is not
the same judge who heard the case and received the evidence is of
little consequence when the records and transcripts of stenographic
notes (TSNs) are complete and available for consideration by the
former.—What deserves stressing is that, in this jurisdiction,
there exists a disputable presumption that the RTC Decision was
rendered by the judge in the regular performance of his official
duties. While the said presumption is only disputable, it is
satisfactory unless contradicted or overcame by other evidence.
Encompassed in this presumption of regularity is the
presumption that the RTC judge, in resolving the case and
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PNs No. 23356 and 23357 are uncontested, respondent was able
to establish prima facie that petitioner Citibank is liable to her for
the amounts stated therein. The assertion of petitioner Citibank
of payment of the said PNs is an affirmative allegation of a new
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the payee’s signature at the back does not negate deposit thereof in
her account.—Respondent denied ever receiving MCs No. 220701
and 226467. However, considering that the said checks were
crossed for payee’s account only, and that they were actually
deposited, cleared, and paid, then the presumption would be that
the said checks were properly deposited to the account of
respondent, who was clearly named the payee in the checks.
Respondent’s bare allegations that she did not receive the two
checks fail to convince this Court, for to sustain her, would be for
this Court to conclude that an irregularity had occurred
somewhere from the time of the issuance of the said checks, to
their deposit, clearance, and payment, and which would
386
have involved not only petitioner Citibank, but also BPI, which
accepted the checks for deposit, and the Central Bank of the
Philippines, which cleared the checks. It falls upon the
respondent to overcome or dispute the presumption that the
crossed checks were issued, accepted for deposit, cleared, and paid
for by the banks involved following the ordinary course of their
business. The mere fact that MCs No. 220701 and 226467 do not
bear respondent’s signature at the back does not negate deposit
thereof in her account. The liability for the lack of indorsement on
the MCs no longer fall on petitioner Citibank, but on the bank
who received the same for deposit, in this case, BPI Cubao
Branch. Once again, it must be noted that the MCs were crossed,
for payee’s account only, and the payee named in both checks was
none other than respondent. The crossing of the MCs was already
a warning to BPI to receive said checks for deposit only in
respondent’s account. It was up to BPI to verify whether it was
receiving the crossed MCs in accordance with the instructions on
the face thereof. If, indeed, the MCs were deposited in accounts
other than respondent’s, then the respondent would have a cause
of action against BPI.
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392
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CHICO-NAZARIO, J.:
1
Before this Court is a Petition for Review on Certiorari,
under Rule
2
45 of the Revised Rules of Court, of the
Decision of the Court of Appeals in CA-G.R. CV3 No. 51930,
dated 26 March 2002, and the Resolution, dated 20
November 2002, of the same court which, although
modifying its earlier Decision, still denied for the most part
the Motion for Reconsideration of herein petitioners.
Petitioner Citibank, N.A. (formerly known as the First
National City Bank) is a banking corporation duly
authorized and existing under the laws of the United
States of America and licensed to do commercial banking
activities and perform trust functions in the Philippines.
Petitioner Investor’s Finance Corporation, which did
business under the name and style of FNCB Finance, was
an affiliate company of petitioner Citibank, specifically
handling money market placements for its clients. It is
now, by virtue
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396
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397
_______________
398
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RTC), the case was transferred to Makati RTC, Branch 57, presided by
Judge Francisco X. Velez, for reasons not disclosed in the Records. Judge
Velez was able to try and hear the case until the presentation of the
evidence by herein petitioners (defendants before the RTC). Respondent
again took the stand to present rebuttal evidence, but even before she
could finish her testimony, Judge Velez inhibited himself upon petitioners’
motion (Order, dated 10 April 1992, penned by Judge Francisco X. Velez,
Records, Vol. 11, p. 1085). The case was transferred to Makati RTC,
Branch 141, presided by Judge Marcelino F. Bautista, Jr. For reasons not
disclosed in the Records, Judge Manuel D. Victorio took over Makati RTC,
Branch 141. After the parties submitted their respective Memoranda,
Judge Victorio declared the case submitted for decision (Order, dated 9
December 1994, penned by Judge Manuel D. Victorio, Records, Vol. III, p.
1602). Judge Victorio rendered his Decision in Civil Case No. 11336 on 24
August 1995 (Records, Vol. III, pp. 1607-1621).
399
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400
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Petition for Review, which, after payment of the docket
and other lawful fees, was assigned the docket number
G.R. No. 152985. In the said Motion, respondent alleged
that she received a copy of the assailed Court of Appeals
Decision on 18 April 2002 and, thus, had 15 days therefrom
or until 3 May 2002 within which to file her Petition for
Review. Since she informed her counsel of her desire to
pursue an appeal of the Court of Appeals Decision only on
29 April 2002, her counsel neither had enough time to file a
motion for reconsideration of the said Decision with the
Court of Appeals, nor a Petition for Certiorari with this
Court. Yet, the Motion failed to state the exact extension
period respondent was requesting for.
Since this Court did not act upon respondent’s Motion
for Extension of Time to file her Petition for Review, then
the period for
14
appeal continued to run and still expired on 3
May 2002. Respondent failed to file any Petition for
Review within the prescribed period
15
for appeal and, hence,
this Court issued a Resolution, dated 13 November 2002,
in which it pronounced that—
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402
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16 Rollo, p. 374.
17 Resolution, dated 29 January 2003; Rollo, pp. 980-A-B.
18 Resolution, dated 23 June 2003; Id., at pp. 1311-1312.
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403
404
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405
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21
party, then not actually filing the intended Petition. The
party who fails to file its intended Petition within the
reglementary or extended period should solely bear the
consequences of such failure.
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21 See the case of Borromeo v. Court of Appeals (162 Phil. 430, 438; 70
SCRA 329 [1976]) wherein this Court pronounced that a party’s right to
appeal shall not be affected by the perfection of another appeal from the
same decision; otherwise, it would lead to the absurd proposition that one
party may be deprived of the right to appeal from the portion of a decision
against him just because the other party who had been notified of the
decision ahead had already perfected his appeal in so far as the said
decision adversely affects him. If the perfection of an appeal by one party
would not bar the right of the other party to appeal from the same
decision, then an unperfected appeal, as in the case at bar, would have far
less effect.
406
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22 The Executive Secretary v. Gordon, 359 Phil. 266, 271; 298 SCRA 736,
740 (1998).
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23 Young v. John Keng Seng, 446 Phil. 823, 833; 398 SCRA 629, 638
(2003).
407
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24 Sps. Sta. Maria v. Court of Appeals, 349 Phil. 275, 282-283; 285
SCRA 351, 357-358 (1998).
25 The Court of Appeals modified the trial court’s findings and
conclusions, as follows: (1) By declaring the P1,069,847.40 alleged
indebtedness of Ms. Sabeniano as non-existing for failure of Citibank
410
The fact that the trial judge who rendered the RTC Decision
in Civil Case No. 11336, dated 24 August 1995, was not the
same judge who heard and tried the case, does not, by itself,
render the said Decision erroneous.
The Decision in Civil Case No. 11336 was rendered more
than 10 years from the institution of the said case. In the
course of its trial, the26 case was presided over by four (4)
different RTC judges. It was Judge Victorio, the fourth
judge assigned to the case, who wrote the 27
RTC Decision,
dated 24 August 1995. In his Decision, Judge Victorio
made the following findings—
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411
_______________
412
_______________
413
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Deposit/Placement Amount
Dollar deposit with Citibank-Geneva $
149,632.99
Money market placement with Citibank,
evidenced
by Promissory Note (PN) No. 23356 (which
cancels
and supersedes PN No. 22526), earning 14.5% P
interest per annum (p.a.) 318,897.34
Money market placement with Citibank,
evidenced by
PN No. 23357 (which cancels and supersedes
PN No. 22528), P
earning 14.5% interest p.a. 203,150.00
Money market placement with FNCB
Finance, evidenced
by PN No. 5757 (which cancels and
supersedes PN No. 4952), P
earning 17% interest p.a. 500,000.00
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Deposit/Placement Amount
Money market placement with FNCB
Finance, evidenced
by PN No. 5758 (which cancels and
supersedes PN No. 2962), P
earning 17% interest p.a. 500,000.00
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417
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“As a general rule, one who pleads payment has the burden of
proving it. Even where the plaintiff must allege non-payment, the
general rule is that the burden rests on the defendant to prove
payment, rather than on the plaintiff to prove non-payment. The
debtor has the burden of showing with legal certainty that the
obligation has been discharged by payment.
When the existence of a debt is fully established by the
evidence contained in the record, the burden of proving that it has
been extinguished by payment devolves upon the debtor who
offers such defense to the claim of the creditor. Where the debtor
introduces some evidence of payment, the burden of going forward
with the evidence—as distinct from the general burden of proof—
shifts to the creditor, who is then
34
under the duty of producing
some evidence of non-payment.”
_______________
419
36
place; and (2) that of Mr. Francisco Tan, the former
Assistant Vice-President of Citibank, who directly dealt
with respondent with regard
37
to her deposits and loans.
The relevant portion of Mr. Pujeda’s testimony as to
PNs No. 23356 and 23357 (referred to therein as Exhibits
No. “47” and “48,” respectively) is reproduced below—
Atty. Mabasa:
Okey [sic]. Now Mr. Witness, you were asked to testify
in this case and this case is [sic] consist [sic] of several
documents involving transactions between the plaintiff
and the defendant. Now, were you able to make your
own memorandum regarding all these transactions?
A Yes, based on my recollection of these facts, I did come
up of [sic] the outline of the chronological sequence of
events.
Court:
Are you trying to say that you have personal knowledge
or participation to these transactions?
A Yes, your Honor, I was the officer-in charge of the unit
that was processing these transactions. Some of the
documents bear my signature.
Court:
And this resume or summary that you have prepared is
based on purely your recollection or documents?
A Based on documents, your Honor.
Court:
Are these documents still available now?
A Yes, your honor.
Court:
Better present the documents.
Atty. Mabasa:
Yes, your Honor, that is why your Honor.
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36 Mr. Francisco Tan, at the time of his deposition in 1990, was already
working as Assistant General Manager for Dai-Chi Kangyo Bank in Hong
Kong.
37 TSN, 12 March 1990, pp. 6-10.
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Atty. Mabasa:
Q Now, basing on the notes that you prepared, Mr. Witness, and
according to you basing also on your personal recollection
about all the transactions involved between Modesta
Sabeniano and defendant City Bank [sic] in this case. Now,
would you tell us what happened to the money market
placements of Modesta Sabeniano that you have earlier
identified in Exhs. “47” and “48”?
A The transactions which I said earlier were terminated and
booked to time deposits.
Q And you are saying time deposits with what bank?
A With First National Citibank.
Q Is it the same bank as Citibank, N.A.?
A Yes, sir.
Q And how much was the amount booked as time deposit with
defendant Citibank?
A In the amount of P500,000.00.
Q And outside this P500,000.00 which you said was booked out of
the proceeds of Exhs. “47” and “48,” were there other time
deposits opened by Mrs. Modesta Sabeniano at that time.
A Yes, she also opened another time deposit for P600,000.00.
Q So all in all Mr. Witness, sometime in April of 1978 Mrs.
Modesta Sabeneano [sic] had time deposit placements with
Citibank in the amount of P500,000.00 which is the proceeds of
Exhs. “47” and “48” and another P600,000.00, is it not?
A Yes, sir.
Q And would you know where did the other P600,000 placed by
Mrs. Sabeneano [sic] in a time deposit with Citibank, N.A.
came [sic] from?
A She funded it directly.
Q What are you saying Mr. Witness is that the P600,000 is a [sic]
fresh money coming from Mrs. Modesta Sabeneano [sic]?
A That is right.
421
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Atty. Mabasa: Now from the Exhibits that you have identified Mr.
Tan from Exhibits “A” to “F,” which are Exhibits of the
plaintiff. Now, do I understand from you that the original
amount is Five Hundred Thousand and thereafter renewed in
the succeeding exhibits?
Mr. Tan: Yes, Sir.
Atty. Mabasa: Alright, after these Exhibits “E” and “F” matured,
what happened thereafter?
Mr. Tan: Split into two time deposits.
Atty. Mabasa: Exhibits “E” and “F”?
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38 Lichauco v. Atlantic Gulf & Pacific Co., 84 Phil. 330, 346 (1949).
422
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from among all the clients they had dealt with and all the
transactions they had processed as officers of petitioner
Citibank, they specially remembered respondent and her
PNs No. 23356 and 23357. Their testimonies likewise
lacked details on the circumstances surrounding the
payment of the two PNs and the opening of the time
deposit accounts by respondent, such as the date of
payment of the two PNs, mode of payment, and the manner
and context by which respondent relayed her instructions
to the officers of petitioner Citibank to use the proceeds of
her two PNs in opening the TD accounts.
Moreover, while there are documentary evidences to
support and trace respondent’s money market placements
with petitioner Citibank, from the original PN No. 20773,
rolled-over several times to, finally, PNs No. 23356 and
23357, there is an evident absence of any documentary
evidence on the payment of these last two PNs and the use
of the proceeds thereof by respondent for opening TD
accounts. The paper trail seems to have ended with the
copies of PNs No. 23356 and 23357. Although both Mr.
Pujeda and Mr. Tan said that they based their testimonies,
not just on their memories but also on the documents on
file, the supposed documents on which they based those
portions of their testimony on the payment of PNs No.
23356 and 23357 and the opening of the TD accounts from
the proceeds thereof, were never presented before the
courts nor made part of the records of the case.
Respondent’s money market placements were of
substantial amounts—consisting of the principal amount of
P500,000.00, plus the interest it should have earned during
the years of placement—and it is difficult for this Court to
believe that petitioner Citibank would not have had
documented the payment thereof.
When
39
Mr. Pujeda testified before the RTC on 6 February
1990, petitioners’ counsel attempted to present in
evidence a document that would supposedly support the
claim of peti-
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423
424
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425
_______________
426
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427
_______________
428
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429
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430
III
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Description Amount
Principal and interests of PNs No. 20138 and
20139
(money market placements with petitioner P
FNCB Finance) 1,022,916.66
Savings account with petitioner Citibank 31,079.14
Dollar remittance from Citibank-Geneva
431
(peso equivalent
Of US$149,632.99) 1,102,944.78
Total P 2,156,940.58
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432
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All the PNs stated that the purpose of the loans covered
thereby is “To liquidate existing obligation,” except for PN
No. 34534, which stated for its purpose “personal
investment.” Respondent secured her foregoing loans with
petitioner Citibank by executing Deeds of Assignment of
her money market placements with petitioner FNCB
Finance. On 2 March 1978, respondent executed
57
in favor of
petitioner Citibank a Deed of Assignment of PN No. 8169,
which was issued by petitioner FNCB Finance, to secure
payment of the credit and banking facilities extended to
her by petitioner Citibank, in the aggregate principal
amount of P500,000.00. On 9 March 1978, respondent
executed in favor of petitioner
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433
58
Citibank another Deed of Assignment, this time, of PN
No. 8167, also issued by petitioner FNCB Finance, to
secure payment of the credit and banking facilities
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434
62
The first letter was dated 5 April 1979, addressed to
respondent and signed by Mr. Tan, as the manager of
petitioner Citibank, which stated, in part, that—
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435
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436
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437
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438
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439
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441
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77 TSN, 7 May 1986, Vol. II, pp. 42-52; TSN, 19 May 1986, Vol. II, pp. 3-
28.
78 Sarmiento v. Court of Appeals, 364 Phil. 613, 621; 305 SCRA 138, 146
(1999).
442
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443
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444
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445
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446
92
and subsisting. So even if the MCs deposited by BPI’s
client, whether it be by respondent herself or some other
person, lacked the necessary indorsement, BPI, as the
collecting bank, is bound by its warranties as an indorser
and cannot set up the defense of lack of indorsement
93
as
against petitioner Citibank, the drawee bank.
Furthermore, respondent’s bare and unsubstantiated
denial of receipt of the MCs in question and their deposit in
her account is rendered suspect when MC No. 220701 was
actually deposited in Account No. 0123-0572-28 of BPI
Cubao Branch, the very same account in which MC No.
228270 (which respondent admitted to receiving as
proceeds of her loan from petitioner Citibank), and MCs
No. 228203, 228357, and 228400 (which respondent
admitted to receiving as proceeds from her money market
placements) were deposited. Likewise, MC No. 226467 was
deposited in Account No. 0121-002-43 of BPI Cubao
Branch, to which MCs No. 226285 and 226439 (which
respondent admitted to receiving as proceeds from her
money market placements) were deposited. It is an
apparent contradiction for respondent to claim having
received the proceeds of checks deposited in an account,
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447
94
ment from one of these placements. Because of her
Exhibit “HHH,” respondent effectively admitted receipt of
MC No. 226467, although for reasons other than as
proceeds of a loan.
Neither can this Court give credence to respondent’s
contention that the notations on the MCs, stating that they
were the proceeds of particular PNs, were not there when
she received the checks and that the notations appeared to
be written by a typewriter different from that used to write
the other information on the checks. Once more,
respondent’s allegations were uncorroborated by any other
evidence. Her and her counsel’s observation that the
notations on the MCs appear to be written by a typewriter
different from that used to write the other information on
the checks hardly convinces this Court considering that it
constitutes a mere opinion on the appearance of the
notation by a witness who does not possess the necessary
expertise on the matter. In addition, the notations on the
MCs were written using both capital and small letters,
while the other information on the checks were written
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448
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95 Exhibits “GGG” and “JJJ,” plaintiff’s folder of exhibits, pp. 109, 113.
96 Plaintiff’s folder of exhibits, p. 110.
97 See the initials on Exhibit “III-1,” plaintiff’s folder of exhibits, p. 112.
449
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450
451
_______________
452
_______________
453
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105 TSN, deposition of Mr. Francisco A. Tan, 3 September 1990, pp. 13-
16.
106 TSN, 22 May 1990, Vol. V, pp. 31-61.
107 TSN, 7 March 1991, Vol. IX, pp. 15-19; TSN, 13 March 1991, Vol. X,
pp. 7-9.
455
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108 TSN, 19 March 1991, Vol. X, pp. 17-21; TSN, 8 April 1991, Vol. X,
pp. 31-34.
456
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457
_______________
458
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The best evidence rule has been made part of the revised
Rules of Court, Rule 130, Section 3, which reads—
459
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“It is true that the Court relied not upon the original but only
copy of the Angara Diary as published in the Philippine Daily
Inquirer on February 4-6, 2001. In doing so, the Court, did not,
however, violate the best evidence rule. Wigmore, in his book on
evidence, states that:
“Production of the original may be dispensed with, in the trial
court’s discretion, whenever in the case in hand the opponent does
not bona fide dispute the contents of the document and no other
useful purpose will be served by requiring production.24
“x x x x
“In several Canadian provinces, the principle of unavailability
has been abandoned, for certain documents in which ordinarily no
real dispute arised. This measure is a sensible and progressive
one and deserves universal adoption (post, sec. 1233). Its essential
feature is that a copy may be used unconditionally, if the opponent
has been given an opportunity to inspect it.” (Emphasis supplied.)
This Court did not violate the best evidence rule when it
considered and weighed in evidence the photocopies and
microfilm copies of the PNs, MCs, and letters submitted by
the petitioners to establish the existence of respondent’s
loans. The terms or contents of these documents were
never the point of contention in the Petition at bar. It was
respondent’s position that the PNs in the first set (with the
exception of PN No. 34534) never existed, while the PNs in
the second set (again, excluding PN No. 34534) were
merely executed to cover simulated loan transactions. As
for the MCs representing the proceeds of the loans, the
respondent either denied receipt of certain MCs or
admitted receipt of the other MCs
_______________
115 F.D. Regalado, REMEDIAL LAW COMPENDIUM, Vol. II, 571 (8th
ed., 2000).
116 G.R. Nos. 146710-15, 3 April 2001, 356 SCRA 108, 137-138.
460
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461
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462
_______________
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463
464
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465
IV
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466
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122 CIVIL CODE, Article 1980; Guingona, Jr. v. City Fiscal of Manila,
213 Phil. 516, 523-524; 128 SCRA 577, 584 (1984).
123 CIVIL CODE, Article 1286.
467
468
1978, although claiming that the loans for which they were
executed as security were already paid. And, she assailed
the Deeds of Assignment, dated 25 August 1978,
_______________
124 G.R. No. 57092, 21 January 1993, 217 SCRA 307, 313-314.
125 Anachuelo v. Intermediate Appellate Court, G.R. No. L-71391, 29
January 1987, 147 SCRA 434, 441-442.
126 Antillon v. Barcelon, 37 Phil. 148, 150-151 (1917).
469
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470
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471
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131 Wildvalley Shipping Co., Ltd. v. Court of Appeals, 396 Phil. 383,
396; 342 SCRA 213, 223 (2000).
472
the country on the said date and could not have signed the
pledge. Petitioner Citibank insisted that the pledge was
signed before 24 September 1979, but could not provide an
explanation as to how and why the said date was written
on the pledge. Although Mr. Tan testified that the
Declaration of Pledge was signed by respondent personally
before him, he could not give the exact date when the said
signing took place. It is important to note that the copy of
the Declaration of Pledge submitted by the respondent to
the RTC was certified by an officer of Citibank-Geneva,
which had possession of the original copy of the pledge. It is
dated 24 September 1979, and this Court shall abide by the
presumption that the written document is truly
_______________
473
134
dated. Since it is undeniable that respondent was out of
the country on 24 September 1979, then she could not have
executed the pledge on the said date.
Third, the Declaration of Pledge was irregularly filled-
out. The pledge was in a standard printed form. It was
constituted in favor of Citibank, N.A., otherwise referred to
therein as the Bank. It should be noted, however, that in
the space which should have named the pledgor, the name
of petitioner Citibank was typewritten, to wit—
_______________
474
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135 Heirs of Severa P. Gregorio v. Court of Appeals, 360 Phil. 753, 763;
300 SCRA 565, 574 (1998).
136 Order, dated 12 November 1985, penned by Judge Ansberto P.
Paredes, Records, Vol. I, p. 310; Order, dated 2 September 1988, Id. and
penned by Judge Francisco X. Velez, Records, Vol. I, p. 449; Order, dated
24 November 1988, penned by Judge Francisco X. Velez, Records, Vol. I, p.
458; Order, dated 25 April 1989, penned by Judge Francisco X. Velez,
Records, Vol. I, pp. 476-477.
475
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137 Security Bank & Trust Co. v. Triumph Lumber and Construction
Corporation, 361 Phil. 463, 477; 301 SCRA 537, 550 (1999).
138 REVISED RULES OF COURT, Rule 131, Section 3(e).
476
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139 The stipulated interest shall apply as indemnity for the damages
incurred in the delay of payment as provided in Article 2209 of the CIVIL
CODE which reads—
ART. 2209. If the obligation consists in the payment of a sum of money, and the
debtor incurs delay, the indemnity for damages, there being no stipulation to the
contrary, shall be the payment of the interest agreed upon, and in the absence of a
stipulation, the legal interest, which is six percent per annum. [Emphasis
supplied.]
Note, however, that the legal interest has been increased from six
percent to twelve percent per annum by virtue of Central Bank Circulars
No. 416, dated 29 July 1974, and No. 905, dated 10 December 1982.
477
VI
_______________
478
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479
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Q By the way Mrs. Witness will you kindly tell us again, you said
before that you are a businesswoman, will you tell us again
what are the businesses you are engaged into [sic]?
A I am engaged in real estate. I am the owner of the Modesta
Village 1 and 2 in San Mateo, Rizal. I am also the President
and Chairman of the Board of Macador [sic] Co. and Business
Inc. which operates the Macador [sic] International Palace
Hotel. I am also the President of the Macador [sic]
International Palace Hotel, and also the Treasures Home
Industries, Inc. which I am the Chairm an and president of the
Board and also operating affiliated company in the name of
Treasures Motor Sales engaged in car dealers [sic] like Delta
Motors, we are the dealers of the whole Northern Luzon and I
am the president of the Disto Company, Ltd., based in
Hongkong licensed in Honkong [sic] and now operating in Los
Angeles, California.
Q What is the business of that Disto Company Ltd.?
A Disto Company, Ltd., is engaged in real estate and
construction.
Q Aside from those businesses are you a member of any national
or community organization for social and civil activities?
A Yes sir.
Q What are those?
A I am the Vice-President of thes [sic] Subdivision Association of
the Philippines in 1976, I am also an officer of the . . .
Chamber of Real Estate Business Association; I am also an
officer of the Chatholic [sic] Women’s League and I am also a
member of the CMLI, I forgot the definition.
Q How about any political affiliation or government position held
if any?
A I was also a candidate for Mayor last January 30, 1980.
Q Where?
A In Dagupan City, Pangasinan.
Q What else?
480
the 145
actual injury suffered by the respondent, not to enrich
her.
Having failed to exercise more care and prudence than a
private individual in its dealings with respondent,
petitioner Citibank should be liable for exemplary
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damages, in 146
the amount147of P250,000.00, in accordance with
Article 2229 and 2234 of the Civil Code.
With the award of exemplary damages, then respondent 148
shall also be entitled to an award of attorney’s fees.
Additionally, attorney's fees may be awarded when a party
is compelled to litigate or to incur expenses to protect his149
interest by reason of an unjustified act of the other party.
In this case, an award of P200,000.00 attorney’s fees shall
be satisfactory.
In contrast, this Court finds no sufficient basis to award
damages to petitioners. Respondent was compelled to
institute the present case in the exercise of her rights and
in the protection of her interests. In fact, although her
Complaint before the RTC was not sustained in its
entirety, it did raise meritorious points and on which this
Court rules in her favor. Any injury resulting 150 from the
exercise of one’s rights is damnum absque injuria.
_______________
145 Tiongco v. Atty. Deguma, 375 Phil. 978, 994-995; 317 SCRA 527, 541
(1999); Zenith Insurance Corporation v. Court of Appeals, G.R. No. 85296,
14 May 1990, 185 SCRA 398, 402-403.
146 Exemplary or corrective damages are imposed, by way of example or
correction for the public good, in addition to the moral, temperate,
liquidated or compensatory damages.
147 While the amount of exemplary damages need not be proved, the
plaintiff must show that he is entitled to moral, temperate or
compensatory damages before the court may consider the question of
whether or not exemplary damages should be awarded. x x x
148 CIVIL CODE, Article 2208(1).
149 Ching Sen Ben vs. Court of Appeals, 373 Phil. 544, 555; 314 SCRA
762, 772-773 (1999).
150 ABS-CBN Broadcasting Corporation v. Court of Appeals, 361 Phil.
498, 531-532; 301 SCRA 572, 604 (1999); Tierra International
Construction Corp. v. National Labor Relations Commission, G.R.
482
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No. 88912, 3 July 1992, 211 SCRA 73, 81; Saba v. Court of Appeals,
G.R. No. 77950, 24 August 1990, 189 SCRA 50, 55.
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483
SO ORDERED.
——o0o——
484
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