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FEBTC vs CA Digest
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3D 2009 Torts Meralco vs. Hernandez v Coa 031 - RCB

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Digest Ramoy (1999)

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FAR EAST BANK AND TRUST COMPANY V. C.A. & LUISA. LUNA
G.R. No. 108164 Feb@!"@# $%F 1''(

FACTS)

Private respondent Luis A. Luna applied for, and was accorded, a Fareast card issued by
petitioner FEBTC.

Clarita informed FEBTC that she lost her credit card. @n order to replace the lost card, Clarita
submitted an affidavit of loss. @n cases of this nature, the ban!"s internal security procedures and
policy would be torecord the lost card, alon# with the principal card, as a $%otCard$ or
$Cancelled Card$ in its master file.

Luis then tendered a despedida lunch for a close friend. &hen he presented his fareast card to
pay for the lunch, the card was not honored, forcin# him to pay in cash the bill. 'aturally, Luis
felt embarrassed by this incident.

Private respondent Luis Luna, throu#h counsel, demanded from FEBTC the payment of
dama#es. Adrian (. Feste)o, a vice*president of the ban!, e+pressed the ban!"s apolo#ies,
admittin# that they have failed to inform Luis about its security policy.

Private respondents then filed a complaint for dama#es in the LTC, which rendered a decision
orderin# FEBTC to pay private respondents moral dama#es, e+emplary dama#es, and
attorney-s fees.

ISSUEN
&hether or not private respondents are entitled of moral dama#es.

*ELDN
'/. @n culpa contractual, moral dama#es may be recovered where the defendant is shown to
have acted in bad faith or with malice in the breach of the contract.

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Concededly,
Searchthe ban! was ne#li#ent for failin# to inform Luis of his own card"s
Upload cancellation.
EN
'othin# in the findin#s of the trial court and the appellate court can sufficiently indicate any
deliberate intent on the part of FEBTC to cause harm to private respondents. The failure to
inform Luis is not considered to be so #ross that it would amount to malice or bad faith. 0alice
or bad faith implies a conscious and of 1
1 intentional desi#n to do a wron#ful act for aSearch document
dishonest
purpose or moral obli#uity1 it is different from the ne#ative idea of ne#li#ence in that malice or
bad faith contemplates a state of mind affirmatively operatin# with furtive desi#n or ill*will.

Home Article 23 of the Code contemplates a conscious act to cause harm. @n relation to a breach of
contract, its application can be warranted only when the defendant"s disre#ard of his contractual
obli#ation is so deliberate as to appro+imate a de#ree of misconduct certainly no less worse
Saved than fraud or bad faith. 0ost importantly, Article 23 is a mere declaration of a #eneral principle in
human relations that clearly must, in any case, #ive way to the specific provision of Article 2224
of the Civil Code authori5in# the #rant of moral dama#es in culpa contractual solely when the
breach is due to fraud or bad faith.
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The decision is modified by deletin# the award of moral and e+emplary dama#es to private
respondents1 in its stead, petitioner is ordered to pay nominal dama#es sanctioned under Article
Books 2223 of the Civil Code

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