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Republic of The Philippines Court of Appeals Manila: Appellant
Republic of The Philippines Court of Appeals Manila: Appellant
COURT OF APPEALS
MANILA
Eddie C. Olalia,
Appellant
CA GR CV NO. 3018
-versus-
05-401
For: Motion for
Reconsideration on the
decision dated
November
25, 1994
Pursuant to the
Notice of this Honorable Court,
Appellant
Eddie C. Olalia
By counsel most respectfully submits his
APPELLANTS BRIEF
SUBJECT INDEX
CONTENTS
PAGE
COVER PAGE
1
SUBJECT INDEX
2
TABLE OF AUTHORITIES
3
ASSIGNMET OF ERRORS
4
STATEMENT OF THE CASE
4-8
STATEMENT OF FACTS
8-11
ISSUES
11-12
ARGUMENTS
12-15
A. The court failed to prove that the extension card in the name of
Cristina G. Olalia was validly issued and received by Eddie C. Olalia.
There are two requirements before an extension/supplementary
card is issued. First, payment of the necessary fee, and second,
submission of an application for the purpose. None of these
requirements were shown to have been complied with by Olalia.
The court found that in Olalias applications for the original as well
as the renewal card, he never applied for an extension card in the
name of his wife. BECC also failed to show any receipt for any fee
given in payment for the purpose of securing an extension card.
B. The court committed mistake in rendering a decision that Eddie
C. Olalia is responsible for the purchases made from the extension
card. Appellant cannot be held responsible because of the fact that
BECC failed to establish that the extension card in the name of
2
Cristina G. Olalia was validly issued and received by him. The time
appellant applied credit card with BECC in 1991, he and his wife
Cristina were already divorced. Also by the time the extension card,
which was under the name of Cristina G. Olalia, was issued and
allegedly received by the appellant, Cristina was no longer in the
Philippines. She left for States in the year 1986.
PRAYER
15-16
APPENDIX
16
TABLE OF AUTHORITIES
PHILIPPINE JURISPRUDENCE
PAGE
Ermitao vs. Court of Appeals, G.R. No. 127246, 306 SCRA 218, 244
(1999)
14
Palmares vs. Court of Appeals, G.R. No. 126490, 288 SCRA 422, 433
(1998)
14
Qua Chee Gan vs. La Union & Rock, Co., Ltd., 98 Phil. 85
14
BOOKS
Page 726, Civil Code of the Philippines Annotated by Edgardo Paras (2012)
14
PHILIPPINE STATUTE
WEBSITE
Paragraph 2, Terms and Conditions Governing the Issuance and Use of BPI
6, 10
Express Credit Cards, at www.bpicards.com/page/60
Paragraph 10, Terms and Conditions Governing the Issuance and Use of BPI
13
Express Credit Cards, at www.bpicards.com/page/60
ASSIGNMENT OF ERRORS
I.
1.1.
1.2.
The case arose from the time when appellant, Olalia, applied
in the credit card system of the appellee, BPI Express Card
Corporation (BECC). Appellant was granted membership and
credit accommodation with BECC. Appellants card expired
and a renewal card was issued. BECC also issued another card
which was an extension of the appellants credit card in the
name of Cristina G. Olalia, appellants ex-wife. BECC alleges
that the extension card was delivered and received by the
appellant at the same time as the renewal card. It was found
that the extension card in the name of Cristina G. Olalia was
used
for
purchases
made
from
March
to
April
1991,
1.3.
1.4.
A case for collection was filed by BECC before the RTC but
appellant only admits responsibility for the amount of Thirteen
Thousand Eight Hundred Eighty Three and Twenty-Seven
Centavos (P13, 883.27) Philippine Currency, representing
purchases made under his own credit card. After trial on the
merits, a decision was rendered as follows:
WHEREFORE, judgment is rendered ordering defendant Eddie
C. Olalia to pay plaintiff the sum of Thirteen Thousand Eight
Hundred Eighty-Three Pesos and Twenty-seven Centavos (P13,
883.27), Philippine Currency with interest thereon at the legal
rate from June 18, 1991, until fully paid; and to pay the costs.
SO ORDERED. 2
1.5.
1 Records, p. 38.
2 Rollo, p.18.
6
the
present
relative
to
plaintiffs
MOTION
FOR
25,
1994,
is
reconsidered
and
accordingly
3See paragraph 2, Terms and Conditions Governing the Issuance and Use of
BPI Express Credit Cards, available at www.bpicards.com/page/60.
4 Rollo, p.20.
7
1.7.
1.8.
the
present
relative
to
plaintiffs
MOTION
FOR
25,
1994,
is
reconsidered
and
accordingly
1.9.
II.
STATEMENT OF FACTS
5 Rollo, p.18.
6 Rollo, p.20
8
2.1.
2.2.
BECC
This
2.4.
2.5.
2.6.
A case for collection was filed by BECC before the RTC but
Olalia only admits responsibility for the amount of Thirteen
Thousand Eight Hundred Eighty-Three Pesos and TwentySeven
Centavos
(P13,
883.27)
Philippine
Currency,
judgment
is
rendered
ordering
SO ORDERED.9
2.7.
2.8.
the
allegations
in
said
motion
to
be
November
25,
1994,
is
reconsidered
and
judgment
is
rendered
ordering
III.
III.1
ISSUES
III.2
IV.
ARGUMENT
A. The court failed to prove that the extension card in the name
of Cristina G. Olalia was validly issued and received by Eddie C.
Olalia.
11 Rollo, p.20.
12
4.1.
of
request,
Cardholder
the
Cardholder
upon
shall
the
be
of
separation,
legal
or
otherwise,
the
13
4.2.
None of
4.3.
4.4.
Contracts of this nature are contracts of adhesion, socalled because their terms are prepared by only one party
while the other merely affixes his signature signifying his
12 See Paragraph No. 10, Terms and Conditions Governing the Issuance and
Use of BPI Express Credit Cards, available at www.bpicards.com/page/60.
14
4.5.
4.6.
In
4.7.
V.
PRAYER
16
Appellant further prays for such other relief as may be just and
equitable in the premises.
Makati City, Manila, Philippines, this 14th day of December 2001.
VI.
APPENDIX
Copy of the appealed order of the Regional Trial Court, Branch 145,
Makati City, dated April 28, 1995 (Appendix A).
By Appellants Counsel:
Juan de la Cruz
E-mail : delacruzlawfirm@yahoo.com
EXPLANATION
Due to the shortage of messengerial services and lack of time this
Appellants Brief is being served to the other parties by registered mail
in accordance with Section 11, Rule 13 of the Revised Rules of Court.
COPY FURNISHED:
(2 COPIES)
MARIA E. REYES
Counsel for Appellee BPI Express Card Corporation
#12 Second Floor Lamp Building
Ernesto Street, Makati Avenue
Makati City, Philippines
18