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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
October-2014 Jurisprudence                 

  • A.M. No. RTJ-08-2140 (Formerly A.M. No. 00-2-86-RTC), October 07, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. EXECUTIVE JUDGE OWEN B. AMOR, REGIONAL TRIAL COURT, DAET, CAMARINES NORTE, Respondent.

  • A.C. No. 7919, October 08, 2014 - DOMADO DISOMIMBA SULTAN, Complainant, v. ATTY. CASAN MACABANDING, Respondent.

  • A.M. No. P-14-3246 [Formerly A.M. OCA I.P.I. No. 11-3580-P], October 15, 2014 - ATTY. RICO PAOLO R. QUICHO, REPRESENTING BANK OF COMMERCE, Complainant, v. BIENVENIDO S. REYES, JR. , SHERIFF IV, BRANCH 98, REGIONAL TRIAL COURT, QUEZON CITY, Respondent.

  • G.R. No. 205821, October 01, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GARRY DELA CRUZ Y DE GUZMAN, Accused-Appellant.

  • G.R. No. 188753, October 01, 2014 - AM-PHIL FOOD CONCEPTS, INC., Petitioner, v. PAOLO JESUS T. PADILLA, Respondent.

  • G.R. No. 198528, October 13, 2014 - MAGSAYSAY MITSUI OSK MARINE, INC. AND/OR MOL TANKSHIP MANAGEMENT (ASIA) PTE LTD., Petitioners, v. JUANITO G. BENGSON,* Respondent.

  • A.M. No. P-14-3217 (Formerly OCA IPI NO. 14-4252-RTJ), October 08, 2014 - RE: ANONYMOUS LETTER, Complainant, v. JUDGE CORAZON D. SOLUREN, PRESIDING JUDGE, AND RABINDRANATH A. TUZON, LEGAL RESEARCHER II, BOTH OF BRANCH 91, REGIONAL TRIAL COURT, BALER, AURORA, Respondents.

  • G.R. No. 196005, October 01, 2014 - PEOPLE OF THE PHILIPPINES, Appellee, v. CHARLIE FIELDAD, RYAN CORNISTA, AND EDGAR PIMENTEL, Appellants.

  • G.R. No. 189358, October 08, 2014 - CENTENNIAL GUARANTEE ASSURANCE CORPORATION, Petitioner, v. UNIVERSAL MOTORS CORPORATION, RODRIGO T. JANEO, JR., GERARDO GELLE, NISSAN CAGAYAN DE ORO DISTRIBUTORS, INC., JEFFERSON U. ROLIDA, AND PETER YAP, Respondents.

  • G.R. No. 198636, October 08, 2014 - ESPERANZA C. CARINAN, Petitioner, v. SPOUSES GAVINO CUETO AND CARMELITA CUETO, Respondents.

  • G.R. No. 183272, October 15, 2014 - SUN LIFE OF CANADA (PHILIPPINES), INC., Petitioner, v. SANDRA TAN KIT AND THE ESTATE OF THE DECEASED NORBERTO TAN KIT, Respondents.

  • G.R. No. 198878, October 15, 2014 - RESIDENTS OF LOWER ATAB & TEACHERS’ VILLAGE, STO. TOMAS PROPER BARANGAY, BAGUIO CITY, REPRESENTED BY BEATRICE T. PULAS, CRISTINA A. LAPPAO. MICHAEL MADIGUID, FLORENCIO MABUDYANG AND FERNANDO DOSALIN, Petitioners, v. STA. MONICA INDUSTRIAL & DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 185745, October 15, 2014 - SPOUSES DOMINADOR MARCOS AND GLORIA MARCOS, Petitioners, v. HEIRS OF ISIDRO BANGI AND GENOVEVA DICCION, REPRESENTED BY NOLITO SABIANO, Respondents.

  • G.R. No. 193650, October 08, 2014 - GEORGE PHILIP P. PALILEO AND JOSE DE LA CRUZ, Petitioners, v. PLANTERS DEVELOPMENT BANK, Respondent.

  • G.R. No. 190161, October 13, 2014 - ANITA N. CANUEL, FOR HERSELF AND ON BEHALF OF HER MINOR CHILDREN, NAMELY: CHARMAINE, CHARLENE, AND CHARL SMITH, ALL SURNAMED CANUEL, Petitioners, v. MAGSAYSAY MARITIME CORPORATION, EDUARDO U. MANESE, AND KOTANI SHIPMANAGEMENT LIMITED, Respondents.

  • G.R. No. 176492, October 20, 2014 - MARIETTA N. BARRIDO, Petitioner, v. LEONARDO V. NONATO, Respondent.

  • G.R. No. 197228, October 08, 2014 - DUTY FREE PHILIPPINES, Petitioner, v. BUREAU OF INTERNAL REVENUE, REPRESENTED BY HON. ANSELMO G. ADRIANO, ACTING REGIONAL DIRECTOR, REVENUE REGION NO. 8, MAKATI CITY, Respondent.

  • G.R. No. 197380, October 08, 2014 - ELIZA ZUÑIGA-SANTOS,* REPRESENTED BY HER ATTORNEY-IN FACT, NYMPHA Z. SALES, Petitioners, v. MARIA DIVINA GRACIA SANTOS-GRAN** AND REGISTER OF DEEDS OF MARIKINA CITY, Respondents.

  • G.R. No. 191225, October 13, 2014 - ZARSONA MEDICAL CLINIC, Petitioner, v. PHILIPPINE HEALTH INSURANCE CORPORATION, Respondent.

  • G.R. No. 203583, October 13, 2014 - LEONORA B. RIMANDO, Petitioner, v. SPOUSES WINSTON AND ELENITA ALDABA AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 187240, October 15, 2014 - CARLOS A. LORIA, Petitioner, v. LUDOLFO P. MUÑOZ, JR., Respondent.

  • G.R. No. 204800, October 14, 2014 - NATIONAL TRANSMISSION CORPORATION, Petitioner, v. COMMISSION ON AUDIT, ATTY. JOSEPHINE A. TILAN, REGIONAL CLUSTER DIRECTOR AND MR. ROBERTO G. PADILLA, STATE AUDITOR IV, Respondents.

  • G.R. No. 191838, October 20, 2014 - YKR CORPORATION, MA. TERESA J. YULO-GOMEZ, JOSE ENRIQUE J. YULO, MA. ANTONIA J. YULO-LOYZAGA, JOSE MANUEL J. YULO, MA. CARMEN J. YULO AND JOSE MARIA J. YULO, Petitioners, v. PHILIPPINE AGRI-BUSINESS CENTER CORPORATION, Respondent.; G.R. No. 191863 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. PHILIPPINE AGRI-BUSINESS CENTER CORPORATION, Respondent.

  • G.R. No. 192518, October 15, 2014 - PHILIPPINE LONG DISTANCE TELEPHONE COMPANY AND/OR ERNANI TUMIMBANG, Petitioners, v. HENRY ESTRANERO, Respondent.

  • G.R. No. 194884, October 22, 2014 - IMASEN PHILIPPINE MANUFACTURING CORPORATION, Petitioner, v. RAMONCHITO T. ALCON AND JOANN S. PAPA, Respondents.

  • G.R. No. 186223, October 01, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. PHILIPPINE ASSOCIATED SMELTING AND REFINING CORPORATION, Respondent.

  • G.R. No. 191101, October 01, 2014 - SPOUSES MARIO OCAMPO AND CARMELITA F. OCAMPO, Petitioners, v. HEIRS OF BERNARDINO U. DIONISIO, REPRESENTED BY ARTEMIO SJ. DIONISIO, Respondents.

  • A.M. No. P-14-3271 [formerly OCA IPI No. 11-3640-P], October 22, 2014 - ATTY. ALAN A. TAN, Complainant, v. ELMER S. AZCUETA, PROCESS SERVER, REGIONAL TRIAL COURT, BRANCH 22, IMUS, CAVITE, Respondent.

  • G.R. No. 188066, October 22, 2014 - OFFICE OF THE OMBUDSMAN, Petitioner, v. CYNTHIA E. CABEROY, Respondent.

  • G.R. No. 192150, October 01, 2014 - FEDERICO SABAY, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 195832, October 01, 2014 - FORMERLY INC SHIPMANAGEMENT, INCORPORATED (NOW INC NAVIGATION CO. PHILIPPINES, INC.), REYNALDO M. RAMIREZ AND/OR INTERORIENT NAVIGATION CO., LTD./LIMASSOL, CYPRUS, Petitioners, v. BENJAMIN I. ROSALES, Respondent.

  • G.R. No. 191034, October 01, 2014 - AGILE MARITIME RESOURCES INC., ATTY. IMELDA LIM BARCELONA AND PRONAV SHIP MANAGEMENT, INC., Petitioners, v. APOLINARIO N. SIADOR, Respondent.

  • A.M. NO. P-09-2691 (FORMERLY A.M. OCA IPI NO. 09-3040-P), October 13, 2014 - IRENEO GARCIA, RECORDS OFFICER I, METROPOLITAN TRIAL COURT, OFFICE OF THE CLERK OF COURT, CALOOCAN CITY, Complainant, v. CLERK OF COURT IV ATTY. MONALISA A. BUENCAMINO, RECORDS OFFICER II JOVITA P. FLORES AND PROCESS SERVER SALVADOR F. TORIAGA, ALL OF METROPOLITAN TRIAL COURT, OFFICE OF THE CLERK OF COURT, CALOOCAN CITY, Respondents.; A.M. No. P-09-2687 (Formerly A.M. OCA IPI No. 09-3093-P) - EXECUTIVE JUDGE MARIAM G. BIEN, METROPOLITAN TRIAL COURT, BRANCH 53, CALOOCAN CITY, Complainant, v. IRENEO GARCIA, RECORDS OFFICER I AND SALVADOR F. TORIAGA, PROCESS SERVER, BOTH OF THE METROPOLITAN TRIAL COURT, OFFICE OF THE CLERK OF COURT, CALOOCAN CITY, Respondents.; A.M. NO. P-14-3247 (FORMERLY A.M. OCA IPI NO. 09-3238-P) - CLERK OF COURT IV ATTY. MONALISA A. BUENCAMINO, RECORDS OFFICER II JOVITA P. FLORES, AND PROCESS SERVER SALVADOR F. TORIAGA OF THE METROPOLITAN TRIAL COURT, OFFICE OF THE CLERK OF COURT, CALOOCAN CITY, Complainants, v. IRENEO GARCIA AND UTILITY WORKER I HONEYLEE VARGAS GATBUNTON-GUEVARRA, Respondents.

  • G.R. No. 192573, October 22, 2014 - RICARDO N. AZUELO, Petitioner, v. ZAMECO II ELECTRIC COOPERATIVE, INC., Respondent.

  • G.R. No. 192026, October 01, 2014 - AUTOMAT REALTY AND DEVELOPMENT CORPORATION, LITO CECILIA AND LEONOR LIM, Petitioners, v. SPOUSES MARCIANO DELA CRUZ, SR. AND OFELIA DELA CRUZ, Respondents.

  • A.M. No. P-14-3252 [Formerly OCA IPI No. 08-2960-P], October 14, 2014 - JUDGE JUAN GABRIEL H. ALANO, Complainant, v. PADMA L. SAHI, COURT INTERPRETER, MUNICIPAL CIRCUIT TRIAL COURT, MALUSO, BASILAN, Respondent.

  • G.R. No. 172505, October 01, 2014 - ANTONIO M. GARCIA, Petitioner, v. FERRO CHEMICALS, INC., Respondent.

  • G.R. No. 174938, October 01, 2014 - GERARDO LANUZA, JR. AND ANTONIO O. OLBES, Petitioners, v. BF CORPORATION, SHANGRI-LA PROPERTIES, INC., ALFREDO C. RAMOS, RUFO B. COLAYCO, MAXIMO G. LICAUCO III, AND BENJAMIN C. RAMOS, Respondents.

  • G.R. No. 206234, October 22, 2014 - HEIRS OF JULIO SOBREMONTE AND FELIPA LABAPIS SOBREMONTE, NAMELY, MARIA LOURDES SOBREMONTE DE NORBE, DIOSCORA SOBREMONTE DE BUSLON, NESTOR L. SOBREMONTE, AVELINA SOBREMONTE DE DELIGERO, HELEN SOBREMONTE DE CABASE, LAURA SOBREMONTE DE DAGOY AND RODULFO LABAPIS REPOLLO, ALL REPRESENTED BY AVELINA SOBREMONTE DELIGERO AS THEIR ATTORNEY-IN-FACT, Petitioners, v. COURT OF APPEALS, HONORABLE VIRGILIO REYES, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM AND FELICIANO TAPIL, MARCELO BAYNO, VICENTE BAYNO, ROMUALDO DIAPANA, HILARIO RECTA, NEMESIA RECTA, POLICARPIO RECTA, AMPARO R. DIAPANA, BASILIO SAYSON BUENAVENTURA BAYNO AND BASILIO BAFLOR, Respondent.

  • G.R. No. 163654, October 08, 2014 - BPI EXPRESS CARD CORPORATION,* Petitioner, v. MA. ANTONIA R. ARMOVIT, Respondent.

  • G.R. No. 164277, October 08, 2014 - FE U. QUIJANO, Petitioner, v. ATTY. DARYLL A. AMANTE, Respondent.

  • G.R. No. 183700, October 13, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PABLITO ANDAYA Y REANO, Accused-Appellant.

  • G.R. No. 169568, October 22, 2014 - ROLANDO ROBLES, REPRESENTED BY ATTY. CLARA C. ESPIRITU, Petitioner, v. FERNANDO FIDEL YAPCINCO, PATROCINIO B. YAPCINCO, MARIA CORAZON B. YAPCINCO, AND MARIA ASUNCION B. YAPCINCO-FRONDA, Respondents.

  • A.M. No. P-14-3278 [Formerly A.M. OCA IPI No. 09-3222-P], October 21, 2014 - CONCERNED CITIZENS OF NAVAL, BILIRAN, Complainants, v. FLORANTE F. RALAR, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 37, CAIBIRAN, BILIRAN, Respondent.

  • G.R. No. 200857, October 22, 2014 - FVR SKILLS AND SERVICES EXPONENTS, INC. (SKILLEX), FULGENCIO V. RANA AND MONINA R. BURGOS, Petitioners, v. JOVERT SEVA, JOSUEL V. VALENCERINA, JANET ALCAZAR, ANGELITO AMPARO, BENJAMIN ANAEN, JR., JOHN HILBERT BARBA, BONIFACIO BATANG, JR., VALERIANO BINGCO, JR., RONALD CASTRO, MARLON CONSORTE, ROLANDO CORNELIO, EDITO CULDORA, RUEL DUNCIL, MERV1N FLORES, LORD GALISIM, SOTERO GARCIA, JR., REY GONZALES, DANTE ISIP, RYAN ISMEN, JOEL JUNIO, CARLITO LATOJA, ZALDY MARRA, MICHAEL PANTANO, GLENN PILOTON, NORELDO QUIRANTE, ROEL RANCE, RENANTE ROSARIO AND LEONARDA TANAEL, Respondents.

  • A.M. No. P-09-2673 (A.M. OCA IPI No. 00-857-P), October 21, 2014 - FRUMENCIO E. PULGAR, Petitioner, v. PAUL M. RESURRECCION AND MARICAR M. EUGENIO, Respondents.

  • G.R. No. 166441, October 08, 2014 - NORBERTO CRUZ Y BARTOLOME, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 175507, October 08, 2014 - RAMON CHING AND PO WING PROPERTIES, INC., Petitioners, v. JOSEPH CHENG, JAIME CHENG, MERCEDES IGNE1 AND LUCINA SANTOS, Respondents.

  • G.R. No. 183421, October 22, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. AICHI FORGING COMPANY OF ASIA, INC., Respondent.

  • G.R. No. 208169, October 08, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDWARD ADRIANO Y SALES, Accused-Appellant.

  • G.R. No. 204964, October 15, 2014 - REMIGIO D. ESPIRITU AND NOELAGUSTIN, Petitioners, v. LUTGARDA TORRES DEL ROSARIO REPRESENTED BY SYLVIA R. ASPERILLA, Respondents.

  • G.R. No. 190021, October 22, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. BURMEISTER AND WAIN SCANDINAVIAN CONTRACTOR MINDANAO, INC., Respondent.

  • G.R. No. 173988, October 08, 2014 - FELINA ROSALDES, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 200454, October 22, 2014 - HOLY TRINITY REALTY & DEVELOPMENT CORPORATION, Petitioner, v. VICTORIO DELA CRUZ, LORENZO MANALAYSAY, RICARDO MARCELO, JR. AND LEONCIO DE GUZMAN, Respondents.

  • G.R. No. 191090, October 13, 2014 - EXTRAORDINARY DEVELOPMENT CORPORATION, Petitioner, v. HERMINIA F. SAMSON-BICO AND ELY B. FLESTADO, Respondents.

  • G.R. No. 160107, October 22, 2014 - SPOUSES JAIME SEBASTIAN AND EVANGELINE SEBASTIAN, Petitioners, v. BPI FAMILY BANK, INC., CARMELITA ITAPO AND BENJAMIN HAO, Respondents.

  • G.R. No. 187702, October 22, 2014 - SECURITIES AND EXCHANGE COMMISSION, Petitioner, v. THE HONORABLE COURT OF APPEALS, OMICO CORPORATION, EMILIO S. TENG AND TOMMY KIN HING TIA, Respondents.; G.R. NO. 189014 - ASTRA SECURITIES CORPORATION, Petitioner, v. OMICO CORPORATION, EMILIO S. TENG AND TOMMY KIN HING TIA, Respondents.

  • G.R. No. 166414, October 22, 2014 - GODOFREDO ENRILE AND DR. FREDERICK ENRILE, Petitioners, v. HON. DANILO A. MANALASTAS (AS PRESIDING JUDGE, REGIONAL TRIAL COURT OF MALOLOS BULACAN, BR. VII), HON. ERANIO G. CEDILLO, SR., (AS PRESIDING JUDGE, MUNICIPAL TRIAL COURT OF MEYCAUAYAN, BULACAN, BR. 1) AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 187581, October 20, 2014 - PHILIPPINE BANK OF COMMUNICATIONS, Petitioner, v. BASIC POLYPRINTERS AND PACKAGING CORPORATION, Respondent.

  • G.R. No. 197442, October 22, 2014 - MAJESTIC FINANCE AND INVESTMENT CO., INC., Petitioner, v. JOSE D. TITO, Respondent.; CORNELIO MENDOZA AND PAULINA CRUZ, Petitioners-Intervenors, v. JOSE NAZAL AND ROSITA NAZAL, Respondents-Intervenors.

  • G.R. No. 167225, October 22, 2014 - RADIO MINDANAO NETWORK, INC., Petitioner, v. MICHAEL MAXIMO R. AMURAO III, Respondent.

  • G.R. No. 192912, October 03, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DEMOCRITO PARAS, Accused-Appellants.

  • G.R. No. 205249, October 15, 2014 - SPOUSES BENEDICT AND SANDRA MANUEL, Petitioners, v. RAMON ONG, Respondent.

  • G.R. No. 208976, October 13, 2014 - THE HONORABLE OFFICE OF THE OMBUDSMAN, Petitioner, v. LEOVIGILDO DELOS REYES, JR. Respondent.

  • G.R. No. 207629, October 22, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARNEL VILLALBA Y DURAN AND RANDY VILLALBA Y SARCO, Accused-Appellants.

  • G.R. No. 181760, October 14, 2014 - ATTY. ANACLETO B. BUENA, JR., MNSA, IN HIS CAPACITY AS REGIONAL DIRECTOR OF REGIONAL OFFICE NO. XVI, CIVIL SERVICE COMMISSION, AUTONOMOUS REGION IN MUSLIM MINDANAO, COTABATO CITY, Petitioner, v. DR. SANGCAD D. BENITO, Respondent.

  • G.R. No. 196315, October 22, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEONARDO CATAYTAY Y SILVANO, Accused-Appellant.

  • G.R. No. 201565, October 13, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EX-MAYOR CARLOS ESTONILO, SR., MAYOR REINARIO “REY” ESTONILO, EDELBRANDO ESTONILO A.K.A. “EDEL ESTONILO,” EUTIQUIANO ITCOBANES A.K.A. “NONONG ITCOBANES,” NONOY ESTONILO-AT LARGE, TITING BOOC-AT LARGE, GALI ITCOBANES-AT LARGE, ORLANDO TAGALOG MATERDAM A.K.A. “NEGRO MATERDAM,” AND CALVIN DELA CRUZ A.K.A. “BULLDOG DELA CRUZ,” Accused, - EX-MAYOR CARLOS ESTONILO, SR., MAYOR REINARIO “REY” ESTONILO, EDELBRANDO ESTONILO A.K.A. “EDEL ESTONILO,” EUTIQUIANO ITCOBANES A.K.A. “NONONG ITCOBANES,” AND CALVIN DELA CRUZ A.K.A. “BULLDOG DELA CRUZ,” Accused-Appellants.

  • G.R. No. 187061, October 08, 2014 - CELERINA J. SANTOS, Petitioner, v. RICARDO T. SANTOS, Respondent.

  • G.R. No. 188801, October 15, 2014 - ROSARIO MATA CASTRO AND JOANNE BENEDICTA CHARISSIMA M. CASTRO, A.K.A. "MARIA SOCORRO M. CASTRO" AND "JAYROSE M. CASTRO," Petitioners, v. JOSE MARIA JED LEMUEL GREGORIO AND ANA MARIA REGINA GREGORIO, Respondents.

  • A.M. No. P-14-3237 [Formerly OCA IPI No. 09-3256-P], October 21, 2014 - JEAN PAUL V. GILLERA, SUZETTE P. GILLERA, ATTY. JILLINA M. GERODIAS, AND IBARRA BARCEBAL, Complainants, v. MARIA CONSUELO JOIE A. LEONEN, AND FAJARDO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 93, SAN PEDRO, LAGUNA, Respondent.

  • G.R. No. 177332, October 01, 2014 - NATIONAL POWER CORPORATION, Petitioner, v. CITY OF CABANATUAN, REPRESENTED BY ITS CITY MAYOR, HON. HONORATO PEREZ, Respondents.

  • G.R. No. 188487, October 22, 2014 - VAN D. LUSPO, Petitioner, v, PEOPLE OF THE PHILIPPINES, Respondent.; G.R. No. 188541 - SUPT. ARTURO H. MONTANO AND MARGARITA B. TUGAOEN, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.; G.R. No. 188556 - C/INSP. SALVADOR C. DURAN, SR., Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 203254, October 08, 2014 - DR. JOY MARGATE LEE, Petitioner, v. P/SUPT. NERI A. ILAGAN, Respondent.

  • G.R. No. 164686, October 22, 2014 - FOREST HILLS GOLF AND COUNTRY CLUB, INC., Petitioner, v. GARDPRO, INC., Respondent.

  • G.R. No. 173548, October 15, 2014 - ONOFRE ANDRES, SUBSTITUTED BY HIS HEIRS, NAMELY: FERDINAND, ROSALINA, ERIBERTO, FROILAN, MA. CLEOFE, NELSON, GERMAN, GLORIA, ALEXANDER, MAY, ABRAHAM, AND AFRICA, ALL SURNAMED ANDRES, Petitioners, v. PHILIPPINE NATIONAL BANK, Respondents.

  • G.R. Nos. 176935-36, October 20, 2014 - ZAMBALES II ELECTRIC COOPERATIVE, INC. (ZAMECO II) BOARD OF DIRECTORS, NAMELY, JOSE S. DOMINGUEZ (PRESIDENT), ISAIAS Q. VIDUA (VICE-PRESIDENT), VICENTE M . BARRETO (SECRETARY), JOSE M. SANTIAGO (TREASURER), JOSE NASERIV C. DOLOJAN, JUAN D. FERNANDEZ AND HONORIO L. DILAG, JR. (MEMBERS), Petitioners, v. CASTILLEJOS CONSUMERS ASSOCIATION, INC. (CASCONA), REPRESENTED BY DOMINADOR GALLARDO, DAVID ESPOSO, CRISTITA DORADO, EDWIN CORPUZ, E. ROGER DOROPAN, JOSEFINA RAMIREZ, FERNANDO BOGNOT, JR., CARMELITA DE GUZMAN, MAXIMO DE LOS SANTOS, AURELIO FASTIDIO, BUENAVENTURA CELIS, ROBERTO LADRILLO, CORAZON ACAYAN, CARLITO CARREON, EDUARDO GARCIA, MARCIAL VILORIA, FILETO DE LEON AND MANUEL LEANDER, Respondents; ZAMBALES II ELECTRIC COOPERATIVE, INC. (ZAMECO II) BOARD OF DIRECTORS, JOSE S. DOMINGUEZ (PRESIDENT), ISAIAS Q. VIDUA (VICE-PRESIDENT), VICENTE M . BARRETO (SECRETARY), JOSE M. SANTIAGO (TREASURER), JOSE NASERIV C. DOLOJAN, JUAN D. FERNANDEZ AND HONORIO L. DILAG, JR. (MEMBERS), Petitioners, v. NATIONAL ELECTRIFICATION ADMINISTRATION (NEA) NEA-OFFICE OF THE ADMINISRATIVE COMMITTEE, ENGR. PAULINO T. LOPEZ AND CASTILLEJOS CONSUMERS ASSOCIATION, INC. (CASCONA), Respondents.

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    G.R. No. 163654, October 08, 2014 - BPI EXPRESS CARD CORPORATION,* Petitioner, v. MA. ANTONIA R. ARMOVIT, Respondent.

      G.R. No. 163654, October 08, 2014 - BPI EXPRESS CARD CORPORATION,* Petitioner, v. MA. ANTONIA R. ARMOVIT, Respondent.

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    G.R. No. 163654, October 08, 2014

    BPI EXPRESS CARD CORPORATION,*Petitioner, v. MA. ANTONIA R. ARMOVIT, Respondent.

    D E C I S I O N

    BERSAMIN, J.:

    This case involves a credit card holder's claim for damages arising from the suspension of her credit privileges due to her supposed failure to re-apply for their reactivation. She has insisted that she was not informed of the condition for reactivation.

    The Case

    Petitioner BPI Express Credit Card Corporation (BPI Express Credit) seeks the reversal of and assails the adverse decision promulgated on February 26, 2004,1 whereby the Court of Appeals (CA) affirmed the judgment rendered on April 22, 1996 by the Regional Trial Court, Branch 216, in Quezon City, (RTC) adjudging it liable to pay moral and exemplary damages, attorney's fees and costs of suit to its credit card holder Ma. Antonia R. Armovit, the respondent herein.2cralawred

    Antecedents

    Armovit, then a depositor of the Bank of the Philippine Islands at its Cubao Branch, was issued by BPI Express Credit a pre-approved BPI Express Credit Card (credit card) in 1989 with a credit limit of P20,000.00 that was to expire at the end of March 1993.3 On November 21, 1992, she treated her British friends from Hong Kong to lunch at Mario's Restaurant in the Ortigas Center in Pasig. As the host, she handed to the waiter her credit card to settle the bill, but the waiter soon returned to inform her that her credit card had been cancelled upon verification with BPI Express Credit and would not be honored. Inasmuch as she was relying on her credit card because she did not then carry enough cash that day, her guests were made to share the bill to her extreme embarrassment.

    Outraged, Armovit called BPI Express Credit to verify the status of her credit card. She learned that her credit card had been summarily cancelled for failure to pay her outstanding obligations. She vehemently denied having defaulted on her payments. Thus, by letter dated February 3, 1993,4 she demanded compensation for the shame, embarrassment and humiliation she had suffered in the amount of P2,000,000.00.

    In its reply letter dated February 5, 1993,5 BPI Express Credit claimed that it had sent Armovit a telegraphic message on March 19, 1992 requesting her to pay her arrears for three consecutive months, and that she did not comply with the request, causing it to temporarily suspend her credit card effective March 31, 1992.6 It further claimed that she had been notified of the suspension and cautioned to refrain from using the credit card to avoid inconvenience or embarrassment;7 and that while the obligation was settled by April, 1992, she failed to submit the required application form in order to reactivate her credit card privileges. Thus, BPI Express Credit countered that her demand for monetary compensation had no basis in fact and in law.

    On March 12, 1993, Armovit received a telegraphic message from BPI Express Credit apologizing for its error of inadvertently including her credit card in Caution List No. 225 dated March 11, 1993 sent to its affiliated merchants.8cralawred

    As a result, Armovit sued BPI Express Credit for damages in the RTC, insisting that she had been a credit card holder in good standing, and that she did not have any unpaid bills at the time of the incident.

    In its answer with counterclaim,9 BPI Express Credit raised the defense of lack of cause of action, and maintained that Armovit had defaulted in her obligations for three consecutive months, thereby causing the temporary suspension of her credit card in accordance with the terms and conditions of the credit card.10 It pointed out that Armovit had been duly notified of the suspension; that for her failure to comply with the requirement for the submission of the application form and other documents as directed in its letter dated April 8, 1992,11 her credit card had not been reactivated and had remained in the list of suspended cards at the time she used it on November 21, 1992; and that the telegraphic message of March 11, 1993, which was intended for another client whose credit card had been erroneously included in the caution list, was mistakenly sent to her.12cralawred

    Judgment of the RTC

    In the judgment rendered April 22, 1996,13 the RTC, ruling in favor of Armovit, observed that the terms and conditions governing the issuance and use of the credit card embodied in the application form had been furnished to her for the first time only on April 8, 1992, or after her credit card privileges had already been suspended; that, accordingly, she could not be blamed for not complying with the same; that even if she had been notified of the temporary suspension of her credit card, her payment on April 1, 1992 had rendered the continued suspension of her credit card unjustified; and that there was no clear showing that the submission of the application form had been a condition precedent to the lifting of its suspension.

    Finding BPI Express Credit guilty of negligence and bad faith, the RTC ordered it to pay Armovit moral damages of P100,000.00; exemplary damages and attorney's fees each in the amount of P10,000.00; and the costs of suit.

    Decision of the CA

    Both parties appealed to the CA.

    On February 26, 2004, the CA promulgated its assailed decision,14 concurring with the RTC, and declared that because Armovit had not signed any application form in the issuance and renewals of her credit card from 1989 up to 1992, she could not have known the terms and conditions embodied in the application form even if the credit card had specified that its use bound the holder to its terms and conditions. It did not see merit in BPI Express Credit's contention that the submission of a new application form was a pre-requisite for the lifting of the suspension of her credit card, inasmuch as such condition was not stated in a clear and unequivocal manner in its letter dated April 8, 1992. It noted that the letter of apology mentioning another inadvertence committed, even if it claimed the letter of apology as intended for another card holder, still highlighted BPI Express Credit's negligence in its dealings with her account.

    Anent Armovit's appeal, the CA did not increase the amounts of damages for lack of basis, observing that moral and exemplary damages were awarded not to enrich her at the expense of BPI Express Credit but to alleviate the anxiety and embarrassment suffered.

    BPI Express Credit's motion for reconsideration was denied through the resolution promulgated on May 14, 2004.15cralawred

    Hence, this appeal by petition for review on certiorari.

    Issue

    The sole issue is whether or not the CA erred in sustaining the award of moral and exemplary damages in favor of Armovit.

    Ruling of the Court

    The petition for review lacks merit.

    The relationship between the credit card issuer and the credit card holder is a contractual one that is governed by the terms and conditions found in the card membership agreement.16 Such terms and conditions constitute the law between the parties. In case of their breach, moral damages may be recovered where the defendant is shown to have acted fraudulently or in bad faith.17 Malice or bad faith implies a conscious and intentional design to do a wrongful act for a dishonest purpose or moral obliquity.18 However, a conscious or intentional design need not always be present because negligence may occasionally be so gross as to amount to malice or bad faith.19 Hence, bad faith in the context of Article 2220 of the Civil Code includes gross negligence.20cralawred

    BPI Express Credit contends that it was not grossly negligent in refusing to lift the suspension of Armovit's credit card privileges inasmuch as she had not complied with the requisite submission of a new application form; and that under the circumstances its negligence, if any, was not so gross as to amount to malice or bad faith following the ruling in Far East Bank and Trust Company v. Court of Appeals.21cralawred

    The Court disagrees with the contentions of BPI Express Credit. The Terms and Conditions Governing the Issuance and Use of the BPI Express Credit Card22 printed on the credit card application form spelled out the terms and conditions of the contract between BPI Express Credit and its card holders, including Armovit. Such terms and conditions determined the rights and obligations of the parties.23 Yet, a review of such terms and conditions did not reveal that Armovit needed to submit her new application as the antecedent condition for her credit card to be taken out of the list of suspended cards.

    Considering that the terms and conditions nowhere stated that the card holder must submit the new application form in order to reactivate her credit card, to allow BPI Express Credit to impose the duty to submit the new application form in order to enable Armovit to reactivate the credit card would contravene the Parol Evidence Rule.24 Indeed, there was no agreement between the parties to add the submission of the new application form as the means to reactivate the credit card. When she did not promptly settle her outstanding balance, BPI Express Credit sent a message on March 19, 1992 demanding payment with the warning that her failure to pay would force it to temporarily suspend her credit card effective March 31, 1992. It then sent another demand letter dated March 31, 1992 requesting her to settle her obligation in order to lift the suspension of her credit card and prevent its cancellation. In April 1992, she paid her obligation. In the context of the contemporaneous and subsequent acts of the parties, the only condition for the reinstatement of her credit card was the payment of her outstanding obligation.25 Had it intended otherwise, BPI Express Credit would have surely informed her of the additional requirement in its letters of March 19, 1992 and March 31, 1992. That it did not do so confirmed that they did not agree on having her submit the new application form as the condition to reactivate her credit card.

    The letter of BPI Express Credit dated April 8, 1992 did not clearly and categorically inform Armovit that the submission of the new application form was the pre-condition for the reactivation of her credit card. The statement in the letter (i.e., "... accomplish the enclosed application form and provide us with informations/documents that can help our Credit Committee in reevaluating your existing facility with us.") merely raised doubt as to whether the requirement had really been a pre-condition or not. With BPI Express Credit being the party causing the confusion, the interpretation of the contract could not be done in its favor.26 Moreover, it cannot be denied that a credit card contract is considered as a contract of adhesion because its terms and conditions are solely prepared by the credit card issuer. Consequently, the terms and conditions have to be construed against BPI Express Credit as the party who drafted the contract.27cralawred

    Bereft of the clear basis to continue with the suspension of the credit card privileges of Armovit, BPI Express Credit acted in wanton disregard of its contractual obligations with her. We concur with the apt observation by the CA that BPI Express Credit's negligence was even confirmed by the telegraphic message it had addressed and sent to Armovit apologizing for the inconvenience caused in inadvertently including her credit card in the caution list. It was of no consequence that the telegraphic message could have been intended for another client, as BPI Express Credit apparently sought to convey subsequently, because the tenor of the apology included its admission of negligence in dealing with its clients, Armovit included. Indeed, BPI Express Credit did not observe the prudence expected of banks whose business was imbued with public interest.

    We hold that the CA rightly sustained the award of P100,000.00 as moral damages. To us, too, that amount was fair and reasonable under the circumstances. Similarly, the grant of exemplary damages was warranted under Article 2232 of the New Civil Code because BPI Express Credit acted in a reckless and oppressive manner. Finally, with Armovit having been forced to litigate in order to protect her rights and interests, she was entitled to recover attorney's fees and expenses of litigation.28cralawred

    WHEREFORE, the Court AFFIRMS the decision promulgated on February 26, 2004; and ORDERS the petitioner to pay the costs of suit.

    SO ORDERED.

    Sereno, C.J., Leonardo-De Castro, Perez, and Perlas-Bernabe, JJ., concur.

    Endnotes:


    * BPI Express Card Corporation initially changed its name to BPI Card Corporation, and then changed its name to BPI Card Finance Corporation in 1998. On April 1, 2002, all the assets and liabilities of BPI Express Card were transferred to the Bank of the Philippine Islands, its mother company; at rollo, p. 9

    1Rollo, pp. 20-29; penned by Associate Justice Hakim S. Abdulwahid, with Associate Justice Delilah Vidallon-Magtolis (retired) and Associate Justice Jose L. Sabio, Jr. (deceased) concurring.

    2 Records, pp. 221-225.

    3 Id. at 134.

    4 Id. at 131.

    5 Id. at 132.

    6 Id. at 155.

    7 Id. at 157.

    8 Id. at 119.

    9 Id. at 23-27.

    10 Id. at 154.

    11 Id. at 158.

    12 Id. at 168.

    13 Id. at 221-225.

    14Rollo, pp. 20-29.

    15 Id. at 3 1-32.

    16Pantaleon v. American Express International, Inc., G.R. No. 174269 August 25 2010 629 SCRA 276, 293.

    17 Article 2220, New Civil Code.

    18Gonzales v. Philippine Commercial and International Bank, G.R. No. 180257, February 23, 2011, 644 SCRA 180,202.

    19Bankard, Inc. v. Feliciano, G.R. No. 141761, July 28, 2006, 497 SCRA 52, 58-59.

    20 Id. at 59.

    21 G.R. No. 129130, December 9, 2005, 477 SCRA 49, 54.

    22 Records, p. 154 (Exhibit 7).

    23 Norton Resources and Development Corporation v. All Asia Bank Corporation, G.R. No. 162523, November 25, 2009.

    24 Rule 131 of the Rules of Court embodies the Parol Evidence Rule, thusly:chanroblesvirtuallawlibrary

    Section 9. Evidence of written agreements. — When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.  However, a party may present evidence to modify, explain or add to the terms of the written agreement if he puts in issue in his pleading:chanroblesvirtuallawlibrary

    (a) An intrinsic ambiguity, mistake, or imperfection in the written agreement;
    (b) The failure of the written agreement to express the true intent and agreement of the parties thereto;
    (c) The validity of the written agreement; or
    (d) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement.

    25 The Civil Code relevantly states:chanroblesvirtuallawlibrary

    Article 1371. In order to judge the intention of the contracting parties, their contemporaneous and subsequent acts shall be principally considered. (1282)

    26 The Civil Code says:chanroblesvirtuallawlibrary

    Article. 1377. The interpretation of obscure words or stipulations in a contract shall not favor the party who caused the obscurity.

    27Pantaleon v. Amercian Express International, Inc., supra note 16.

    28 Article 2208, New Civil Code.

    G.R. No. 163654, October 08, 2014 - BPI EXPRESS CARD CORPORATION,* Petitioner, v. MA. ANTONIA R. ARMOVIT, Respondent.


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