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32972910 Torts Magic Notes

32972910 Torts Magic Notes

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Published by rodeltalladarivera

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Published by: rodeltalladarivera on Aug 19, 2010
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10/29/2011

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FACTS: Atty. Marasigan’s credit card was denied
at Café Adriatico after he failed to pay his
outstanding balance. One of his guests had to pay
the bill. He sued BPI for damages claiming that he
had an agreement with BPI and that he sent a
check to BPI to cover the balance and future bills
in exchange for non-suspension of his credit card.

TC: in favor of Marasigan. BPI abused its right to
suspend or cancel the card because it did not
mention to Marasigan that his card will be
suspended despite several communciations.
CA: Affirmed

ISSUE: WON BPI abused its right to suspend the
card.

HELD: No.

1. The terms and conditions of the contract
were clear
=automatic suspension for failure to
pay outstanding balance after 30 days from
original bill.

=automatic cancellation after 60 days

2. Marasigan was not able to comply with their
agreement. He issued a postdated check.
Settled doctrine: check is not a substitute for
money.

3. Elements of Art. 19:
1. there is a legal right or duty
2. which is exercised in bad faith
3. for the sole intent of prejudicing or injuring

another

BF (on BPI’s part) was not proven. GF presumed.
BPI did not capriciously and arbitrarily
canceled the use of the card.
It gave Marasigan
a chance to settle his account.
There is no need for BPI to notify Marasigan of
the suspension or cancellation. Their contract
provides for automatic suspension or cancellation.

The underlying basis for the award of tort damages
is the premise that an individual was injured in
contemplation of the law
.
C L A S S N O T E

There was no arbitrariness on the part of BPI.

Damnum absque injuria; there was damage
but no injury (Custodio vs. CA)

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