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Republic of The Philippines Court of Appeals Manila: Appellant
Republic of The Philippines Court of Appeals Manila: Appellant
Republic of The Philippines Court of Appeals Manila: Appellant
COURT OF APPEALS
MANILA
FERNANDO POE,
Appellant
CA GR CV NO. 3018
Reconsideration on the
25, 1994
Appellee
Pursuant to the
Appellant
FERNANDO POE
APPELLANT’S BRIEF
SUBJECT INDEX
1
CONTENTS PAGE
COVER PAGE 1
SUBJECT INDEX 2
TABLE OF AUTHORITIES 3
ASSIGNMET OF ERRORS 4
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 Olalia’s 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.
PRAYER 15-16
APPENDIX 16
2
TABLE OF AUTHORITIES
Ermitaño 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
3
ASSIGNMENT OF ERRORS
1. The court failed to prove that the extension card in the name of Cristina
2. The court rendered a decision that Eddie C. Olalia is responsible for the
purchases made from the extension card thus ordering him to pay the
1.1. This is an appeal from the decision of the court a quo granting the
responsible for the purchases arising from the use of the extension
making the cardholder and his extension jointly and severally liable for
all purchases and availments made through the use of the card.
1.2. The case arose from the time when appellant, Olalia, applied in the
4
(BECC). Appellant was granted membership and credit accommodation
with BECC. Appellant’s card expired and a renewal card was issued.
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
of Iloilo and the City of Bacolod. Total unpaid charges from the use of
Currency.
1.3. BECC sent a demand letter to the appellant, to which the latter denied
liability saying that said purchases were not made under his own credit
card and that he did not apply for nor receive the extension card in the
1.4. A case for collection was filed by BECC before the RTC but appellant
1
Records, p. 38.
5
“WHEREFORE, judgment is rendered ordering defendant Eddie C.
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. From the aforesaid decision, a Motion for Reconsideration was filed,
alleging that Olalia should also be held liable for the purchases arising
from the use of the extension card since he allegedly received the
of the terms and conditions governing the use and issuance of a BPI
Express Card, making the cardholder and his extension jointly and
severally liable for all purchases and availments made through the use
of the card.3
1.6. On April 28, 1995, the Motion for Reconsideration was granted and an
“Defendant Eddie C. Olalia has not filed any reaction paper up to the
hereby granted.
2
Rollo, p.18.
3
See paragraph 2, Terms and Conditions Governing the Issuance and Use of BPI Express Credit Cards,
available at www.bpicards.com/page/60.
6
WHEREFORE, the dispositive portion of the decision dated November
as follows:
to pay plaintiff the sum of One Hundred Thirty Six Thousand Two
SO ORDERED.”4
1.7. The dispositive portion of the decision dated November 25, 1994:
Philippine Currency with interest thereon at the legal rate from June
SO ORDERED.”5
1.8. The dispositive portion of the Order granting the Motion for
“Defendant Eddie C. Olalia has not filed any reaction paper up to the
4
Rollo, p.20.
5
Rollo, p.18.
7
Finding the allegations in said motion to be meritorious, the same is
hereby granted.
as follows:
to pay plaintiff the sum of One Hundred Thirty Six Thousand Two
SO ORDERED.”6
2.1. Petitioner operates a credit card system under the name of BPI
2.2. Respondent Eddie C. Olalia applied7 for and was granted membership
0281667 was issued in his name with a credit limit of Five Thousand
6
Rollo, p.20
7
Records, at p.4.
8
2.3. In January 1991, Olalia’s card expired and a renewal card was issued.
extension of Olalia’s credit card. BECC alleges that the extension card
was delivered and received by Olalia at the same time as the renewal
card. However, Olalia denies ever having applied for, much less
found that the extension card in the name of Cristina G. Olalia was
used for purchases made from March to April 1991, particularly in the
province of Iloilo and the City of Bacolod. Total unpaid charges from
the use of this card amounted to One Hundred One Thousand Eight
Philippine Currency.
2.5. BECC sent a demand letter to Olalia, to which the latter denied liability
saying that said purchases were not made under his own credit card
and that he did not apply for nor receive the extension card in the
name of his wife. He has likewise not used or allowed anybody in his
family to receive or use the extension card. Moreover, his wife, from
whom he was already divorced, left for the States in 1986 and has
or Iloilo at the time the questioned purchases were made. She was
9
dropped as defendant by the trial court, in an Order dated September
29, 1995.8
2.6. A case for collection was filed by BECC before the RTC but Olalia only
own credit card. After trial on the merits, a decision was rendered as
follows:
rate from June 18, 1991, until fully paid; and to pay the costs.
SO ORDERED.”9
2.7. From the aforesaid decision, a Motion for Reconsideration was filed,
alleging that Olalia should also be held liable for the purchases arising
from the use of the extension card since he allegedly received the
of the terms and conditions governing the use and issuance of a BPI
Express Card, making the cardholder and his extension jointly and
severally liable for all purchases and availments made through the use
of the card.10
8
Records, at p.38.
9
Rollo, p.18.
10
See paragraph 2, Terms and Conditions Governing the Issuance and Use of BPI Express Credit Cards,
available at www.bpicards.com/page/60.
10
2.8. On April 28, 1995, the Motion for Reconsideration was granted and an
III. ISSUES
3.1 Whether or not the court committed an error for failing to prove
that the extension card in the name of Cristina G. Olalia was validly
Card, making the cardholder and his extension jointly and severally
11
Rollo, p.20.
11
liable for all purchases and availments made through the use of the
card.
from the extension card thus ordering him to pay the total amount
IV. ARGUMENT
A. The court failed to prove that the extension card in the name of
the Issuance and Use of the BPI Express Credit Card, the following
Governing the Issuance and Use of the BPI Express Credit Card):
12
CARD be issued to the spouse/children of a Cardholder
4.2. In the above stipulation, it is clear that there are two requirements
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
4.3. BECC alleged that Eddie C. Olalia received the extension card in the
Such is not a sufficient proof that the requirements for the issuance
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.
13
of the extension card have been complied with, especially in the
because their terms are prepared by only one party while the other
1377 of the Civil Code applies with even greater force in contracts
the party who drafted it.15 In this case, it was BECC who made the
G. Olalia.
4.6. Eddie C. Olalia did not indicate nor declare that he had a spouse
when he applied for a credit card with BECC. In fact, at the time
13
Ermitaño vs. Court of Appeals, G.R. No. 127246, 306 SCRA 218, 224 (1999).
14
Qua Chee Gan vs. La Union & Rock, Co., Inc. Co., Ltd., 98 Phil. 85; see also page 726, Civil Code of the
Philippines Annotated by Edgardo Paras (2012).
15
Palmares vs. Court of Appeals, G.R. No. 126490, 288 SCRA 422, 433 (1998).
14
B. The court committed mistake in rendering decision that Eddie C.
card thus ordering him to pay the total amount of One Hundred
4.7. When the Motion for reconsideration filed by the appellee was
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
V. PRAYER
Honorable Court:
1. Annul the decision dated April 28, 1995 on granting the Motion
2. Appellant not be held liable for the purchases made under the
15
purchases made by an unauthorized party whose actions the
Appellant further prays for such other relief as may be just and equitable in the
premises.
VI. APPENDIX
Copy of the appealed order of the Regional Trial Court, Branch 145, Makati City,
By Appellant’s Counsel:
RODY B. GARCIA
PTR NO. 0016687/J AN 14, 2009/MAKATI CITY
IBP NO. 775414/J AN 12, 2009/MAKATI CITY
ROLL NO. 49518
MCLE COMPLIANCE NO.II-0015132 JAN 5, 2009
16
EXPLANATION
Due to the shortage of messengerial services and lack of time this Appellant’s
Brief is being served to the other parties by registered mail in accordance with
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
17