Sps. Cristino and Edna Carbonell Vs. Metropolitan Bank and Trust Company
G.R. No. 178467
April 26, 2017
FACTS:
The petitioners alleged that they had experienced emotional shock, mental anguish, public ridicule, humiliation, insults and embarrassment during their trip to Bangkok, Thailand because of the respondent's release to them of five US$ 100 bills that turned out to be counterfeit.
They withdrew US$ l, 000.00 in US$ 100 notes from their dollar account at the respondent's Pateros branch. While in Bangkok, they had exchanged five US$ 100 bills into Baht, but only four of the US$ 100 bills had been accepted by the foreign exchange dealer because the fifth one was "no good." Because of currency’s rejection, they had asked a companion to exchange the same bill at Norkthon Bank in Bangkok, thereat the dollar bill was declared “fake, and was confiscated by the bank teller. On the next day, they had been confronted by the shop owner at the hotel lobby because their four US$ 100 bills had turned out to be counterfeit after they had bought jewelry.
Upon the petitioners’ return to the Philippines, they had confronted the manager of the respondent's Pateros branch on the fake dollar bills, but the latter had insisted that the dollar bills she had released to them were genuine, for the bills were certified by Bangko Sentral ng Pilipinas (BSP) after examination. They had demanded moral damages of ₱10 Million and exemplary damages.
Prior to the filing of the suit in the RTC, the petitioners had two meetings with the respondent's representatives. In the course of the two meetings, the latter's representatives reiterated their sympathy and regret over the troublesome experience that the petitioners had encountered, and offered to reinstate US$500 in their dollar account, and, in addition, to underwrite a round-trip all-expense-paid trip to Hong Kong, but they were adamant and staged a walk-out.
The RTC ruled in favor of the respondent. The petitioners appealed, but the CA ultimately promulgated its assailed decision affirming the judgment of the RTC with the modification of deleting the award of attorney's fees.
ISSUE:
Whether or not the CA gravely erred in affirming the judgment of the RTC.
HELD:
No. The court affirmed with the judgment of the RTC. 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 dmimum 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 BP I 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, the latter was not liable for damages. Given the situation being one of damnum absque injuria, they could not be compensated for the damage sustained.
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