FACTS:
Albenson Ent.
delivered mild steel plates to Guaranteed Industries Inc. A Pacific Banking
Corporation Check was paid and drawn against the account of EL Woodworks. Check
was later dishonored for the reason “Account Closed.” Company traced source of
check and later discovered that the signature belonged to one Eugenio Baltao.
Albenson made an extrajudical demand upon Baltao but latter denied that he
issued the check or that the signature was his. Company filed a complaint
against Baltao for violation of BP 22. It was later discovered that private
respondent had son: Eugene Baltao III, who manages the business establishment,
EL Woodworks. No effort from the father to inform Albenson of such information.
Rather the father filed complaint for damages against Albenson.
ISSUE:
Whether there
is indeed cause for the damages against Albenson Enterprise.
RULING:
Based on Art
19, 20, 21 of the civil code, petitioners didn’t have the intent to cause
damage to the respondent or enrich themselves but just to collect what was due
to them. There was no abuse of right on the part of Albenson on accusing Baltao
of BP 22. Albenson Corp. honestly believed that it was private respondent who
issued check based on ff inquiries:
·
SEC records showed that president to Guaranteed was
Eugene Baltao
·
Bank said signature belonged to EB
·
EB did not do his part in clarifying that there were
in fact 3 Ebs, Jr., Sr. and the III.
There was no
malicious prosecution on the part of Albenson: there must be proof that:
·
the prosecution was prompted by a sinister design to
vex and humiliate a person and
·
that damages was initiated deliberately by defendant
knowing that his charges were false and groundless
Elements of
abuse of right under Article 19:
1.
there is a legal right or duty
2.
exercised in bad faith
3.
for the sole intent of prejudicing or injuring another
Elements under
Article 21: contra bonus mores:
1.
there is an act which is legal
2.
but which is contrary to morals, good custom, public
order or public policy
3.
it is done with intent to injure
A person who
has not been paid an obligation owed to him will naturally seek ways to compel
the debtor to pay him. It was normal for petitioners to find means to make the
issuer of the check pay the amount thereof. In the absence of a wrongful act or
omission or of fraud or bad faith, moral damages cannot be awarded and that the
adverse result of an action does not per se make the action wrongful and
subject the actor to the payment of damages, for the law could not have meant
to impose a penalty on the right to litigate. WHEREFORE, the petition is
GRANTED and the decision of the Court of Appeals in C.A. G.R. C.V. No. 14948
dated May 13, 1989, is hereby REVERSED and SET ASIDE. Costs against respondent
Baltao.
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