Carbonell v. Metrobank G.R. No.

178467 April 26, 2017

Human Relations
Petitioners Sps. Cristino & Edna Carbonell
Respondent Metropolitan Bank and Trust Company
Facts The petitioners initiated against the respondent Civil Case No. 65725,
an action for damages, alleging that they had experienced emotional
shock, mental anguish, public ridicule, humiliation, insults and
embarrassment during their trip to Thailand because of the
respondent's release to them of five US$ 100 bills that later on turned
out to be counterfeit.

Before going to Thailand, Sps. Cristino and Edna Carbonell withdrew

US $l,000.00 in US$ 100 notes from their dollar account at Metrobank
Pateros Branch.

Upon coming to Thailand, they exchanged 5 $100 dollar bills into Baht,
but only 4 got accepted by the forex dealer as they were claiming that
that the 1 US $100 they did not accept was fake. The spouses not
convinced, asked a companion to have it exchanged at Norkthon Bank
in Bangkok, but again was denied because it was fake according to the
bank. The teller confiscated the $100 bill and threatened the companion
to report them to the police if they insisted in getting the fake bill back,
and that they had to settle for a foreign exchange note receipt.

The petitioners claimed that later on, they had bought jewelry from a
shop owner by using four of the remaining US $100 bills as payment;
that on the next day, however, they had been confronted by the shop
owner at the hotel lobby because their four US$ 100 bills had turned out
to be counterfeit; that the shop owner had shouted at them: "You
Filipinos, you are all cheaters!;" and that the incident had occurred
within the hearing distance of fellow travelers and several foreigners.

Upon their return to the Philippines, they confronted the branch

manager on the fake dollar bills, but the manager insisted that the bills
she released were all genuine because it came from the head office. The
petitioners had had submitted the subject US$100 bills to the Bangko
Sentral ng Pilipinas (BSP) for examination; that the BSP had certified
that the four US$100 bills were near perfect genuine notes; and that
their counsel had explained by letter their unfortunate experience
caused by the respondent's release of the fake US dollar bills to them.

They demanded moral damages of 10M Php, and exemplary damages.

Prior to filing of the suit in RTC, Metrobank offered the petitioners to

reinstate US$500 in their dollar account, and, in addition, to underwrite
a round-trip all-expense-paid to Hong Kong, but they were adamant
and staged a walk-out.

RTC ruled in favor of Metrobank.

The petitioners appealed, but the CA ultimately promulgated its

assailed decision on December 7, 2006 affirming the judgment of the
 RTC with the modification of deleting the award of attorney's fees.
ISSUE Whether or not the spouses are entitled to moral and exemplary
damages on account of their suffering the unfortunate experience
abroad brought about by their use of the fake US dollar bills withdrawn
from the latter.
Held No. While is true that the petitioners suffered embarrassment and
humiliation in Bangkok, we should also distinguish between damage
and injury. In The Orchard Golf & Country Club, Inc. v. Yu, the Court
has
fittingly pointed out the distinction, viz.:

x x x Injury is the illegal invasion of a legal right, damage is the loss,

hurt, or harm which results from the injury; and damages are the
recompense or compensation awarded for the damage suffered. Thus,
there can be damage without injury in those instances in which the loss
or harm was not the result of a violation of a legal duty. These situations
are often called damnum absque injuria.

In every situation of damnum absque injuria, therefore, the injured

person alone bears the consequences because the law affords no remedy
for damages resulting from an act that does not amount to a legal injury
or wrong. For instance, in BPI Express Card Corporation v. Court of
Appeals, the Court turned down the claim for damages of a cardholder
whose credit card had been cancelled after several defaults in payment,
holding therein that there could be damage without injury where
the loss or harm was not the result of a violation of a legal duty towards
the plaintiff.

In such situation, the injured person alone should bear the

consequences because the law afforded no remedy for damages
resulting from an act that did not amount to a legal injury or
wrong. Indeed, the lack of malice in the conduct complained of
precluded the recovery of damages.

Here, although the petitioners suffered humiliation resulting from their

unwitting use of the counterfeit US dollar bills, the respondent, by
virtue of its having observed the proper protocols and procedure in
handling the US dollar bills involved, did not violate any legal duty
towards them. Being neither guilty of negligence nor remiss in its
exercise of the degree of diligence required by law or the nature of its
obligation as a banking institution, Metrobank was not liable for
damages. Given the situation being one of damnum absque injuria,
they could not be compensated for the damage sustained.

WHEREFORE, the Court AFFIRMS the decision promulgated on

December 7, 2006; and ORDERS the petitioners to pay the costs of suit.

SO ORDERED.

Chismis form:
Nagpunta yung mag-asawang Cristino at Edna Carbonell sa Thailand, before going there nagpapalit sila sa
Metrobank Pateros ng US Dollar Bills, pero pagdating nila ng Bangkok, nung nagpapalit na sila, fake daw
yung isang US Dollar bill sabi ng forex dealer, since duda sila, pina-try nila sa isang bank don, pero
confirmed nga na fake daw yung isa, tapos kinonfiscate don sa bank, tapos sinabihan sila na irereport sa
police if iinsist nila bawiin yung fake bill. Tapos kine-claim din nung mag-asawa na napahiya sila, kasi
ipinangbili pala muna nila yung apat na US $100, pero the next day, kinonfront sila sa hotel lobby nung
pinagbilhan nila, claiming na fake yung US bills nila, tapos sinigawan sila ng "You Filipinos, you are all
cheaters!" madami pang ibang mga tao/foreigners na nakarinig, thus caused them to get humiliated.

Pag-uwi nila, kinonfront nila yung branch, tapos sabi sa kanila na genuine daw yung bills kasi galling sila sa
head office. They were offered to reinstate the US bills, and an all-expense paid trip to Hong Kong, pero di
tinanggap ng petitioners, kasi gusto ni 10M Php moral damages plus exemplary damages.

RTC ruled in favor of Metrobank, nag-appeal ulit sila pero hindi pa din sila sinang-ayunan ng court.