10/11/2019 Torts and Damages Case Digest: Producer's Bank v.

CA (2001)

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Torts And Damages

Case Digest: Producer's Our Bookshelf
Bank V. CA (2001)

Thinking, Fast and Slow

by Daniel Kahneman
G.R. No. 111584 September 17, 2001

Lessons Applicable: Factors in determining

amount (Torts and Damages)
Laws Applicable: ART. 2208, Article 2232
Blue Ocean Strategy: How to Create
of the Civil Code Uncontested Market Space and Make the
Competition Irrelevant
FACTS: by W. Chan Kim

April, 1982: Salvador Chua was

offered by Mr. Jimmy Rojas, manager

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10/11/2019 Torts and Damages Case Digest: Producer's Bank v. CA (2001)

of Producers Bank of the

Philippines to transfer his account How to Talk to Anyone: 92 Little Tricks for
Big Success in Relationships
from Pacific Banking Corporation to
by Leil Lowndes
Producers Bank.
Chua did and was able to obtain a
loan for P2,000,000 which was
secured by a real estate mortgage
and payable within a period of 3
years or from 1982 to 1985 The Presentation Secrets of Steve Jobs
by Carmine Gallo
January 20, 1984: Chua deposited
with Producers Bank P960,000 which
was entered into their savings
account passbook but failed to credit
it because Sixto Castillo, absconded
with the money. The 7 Habits of Highly Effective People:
Producers Bank dishonored the Powerful Lessons in Personal Change
checks drawn by Chua in favor of by Stephen R. Covey

various creditors. Although his

balance was P1,051,051.19.
Despite their request for copies of
the bank's ledgers, it refused so
Chua filed an action for damages.
October 15, 1984: Producer's Bank Follow On Instagram
filed a petition for extrajudicial
foreclosure of the real estate
mortgage
RTC: favored Chua ordering
Producers to pay P2,000,000 moral
damages, with legal rate of interest;
P90,000/month and P18,000/month
unrealized profits from his cement
and gasoline station business, to
commence from October 16, 1984,
with legal rate of interest until fully
paid; P250,000 exemplary damages.
Offset the P960,000 with his
agricultural loan of P1,300,000 with
14% interest, to commence from
January 4, 1984, covered by a real
estate mortgage, both of which shall
have a cut-off time frame on the date
of this decision. Loan of P175,000

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10/11/2019 Torts and Damages Case Digest: Producer's Bank v. CA (2001)

and the clean loan of P400,000

without interest shall be off-settled
by the moral, actual and
compensatory damages. 15%
of moral, actual and compensatory
damages as attorney's fees. Cost of
suit.
CA: modified moral damages
to P500,000. P100,000.00 attorney's
fees

ISSUE: W/N the award for damages is

reasonable.

HELD: YES. affirmed with

MODIFICATION. P300,000 moral
damages. P150,000 exemplary
damages. P100,000 attorney's fees and
litigation expenses.

Obviously, petitioner bank's wrongful

act caused serious anxiety,
embarrassment, and humiliation to
private respondents for which they
are entitled to recover moral
damages in the amount of
P300,000.00 which we deem to be
reasonable
Producer's bank failure to credit the
deposit constituted gross negligence
in the performance of its contractual
obligation which amounts to evident
bad faith
Verily, all these acts of petitioner
were accompanied by bad faith and Blog Archive
done in wanton, fraudulent and ► 2018 (1)
malevolent manner warranting the ► 2017 (34)
award of exemplary damages in ► 2016 (13)
favor of private respondents, in ► 2015 (25)
accordance with Article 2232 of the ► 2014 (15)
Civil Code ► 2013 (226)
► 2012 (76)

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Need not prove the actual extent of ▼ 2011 (526)

exemplary damages, for its ▼ December (106)

determination is addressed to the Insurance Law Reviewer: Insurance

sound discretion of the court upon Reviewer Ateneo ...

proof of the plaintiff's entitlement to Insurance Law Reviewer: Insurance

Memory Aid
moral, temperate, or compensatory
Mercantile Law Reviewer: Commercial
damages (Article 2234, Civil Code)
Law Review 200...
There are two kinds of actual or
Torts and Damages Notes Outline
compensatory damages:
Case Overview
loss of what a person already
Civil Procedure Notes Outline
possesses
Legal Ethics Notes Outline: Code of
failure to receive as a benefit that Professional R...
which would have pertained to him Lawyer's Oath
damages consisting of unrealized Land Titles and Deeds Notes:
profits, frequently referred as Mortgage
"ganacias frustradas" or "lucrum Torts and Damages Case Digest:
cessans," are not to be granted on National Power v. P...
the basis of mere speculation, Jurisprudence: G.R. No. 126204
conjecture, or surmise, but rather by Torts and Damages Case Digest: ABS-
reference to some reasonably definite CBN v. CA (1999...
standard such as market value, Jurisprudence: G.R. No. 128690
established experienced, or direct Torts and Damages Case Digest:
inference from known circumstances Strebel v. Figueros...

When the existence of a loss is Jurisprudence: G.R. No. L-4722

established, absolute certainty as to Torts and Damages Case Digest:

its amount is not required. The Producer's Bank v. ...

benefit to be derived from a contract Jurisprudence: G.R. No. 111584

which one of the parties has Torts and Damages Case Digest:
Lopez v. Pan Americ...
absolutely failed to perform is of
Jurisprudence: G.R. No. L-20434
necessity to some extent, a matter of
Torts and Damages Case Digest:
speculation, but the injured party is
Sumaplong v. CA (19...
not to be denied for that reason
Jurisprudence: G.R. No. 123404
alone. He must produce the best
Torts and Damages Case Digest:
evidence of which his case is
Philippine Airlines...
susceptible and if that evidence
Jurisprudence: G.R. No. 120262
warrants the inference that he has
Torts and Damages Case Digest: Fule
been damaged by the loss of profits v. CA (1998)
which he might with reasonable Jurisprudence: G.R. No. 112212
certainty have anticipated but for the Torts and Damages Case Digest: PNB
defendant's wrongful act, he is v. CA (1997)
entitled to recover. Jurisprudence: G.R. No. 118357

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10/11/2019 Torts and Damages Case Digest: Producer's Bank v. CA (2001)

evidence of private respondents Torts and Damages Case Digest:

insufficient to be considered within Carlos Arcona y Mob...

the purview of "best evidence." Jurisprudence: G.R. No. 134784

The bare assertion of private Torts and Damages Case Digest:

People v. Pirame (2...
respondent Salvador Chua that he
Jurisprudence: G.R. No. 121998
lost an average of P18,000/month is
Torts and Damages Case Digest: Triple
inadequate if not speculative and
Eight v. NLR...
should be admitted with extreme
Jurisprudence: G.R. No. 129584
caution especially because it is not
Torts and Damages Case Digest:
supported by independent evidence.
Cometa v. CA (1999)...
Could have presented such evidence
Jurisprudence: G.R. No. 124062
as reports on the average actual
Torts and Damages Case Digest: J
profits earned by their gasoline Marketing v. Sia ...
business, their financial statements, Jurisprudence: G.R. No. 127823
and other evidence of profitability Torts and Damages Case Digest: De la
which could aid the court in arriving Pena v. CA (1...
with reasonable certainty at the Jurisprudence: G.R. No. L-81827
amount of profits which private Jurisprudence: G.R. No. L-81827
respondents failed to earn. Did not Torts and Damages Case Digest:
even present any instrument or deed Mijares v. CA (1997...
evidencing their claim that they have Jurisprudence: G.R.No.113558
transferred their right to operate Torts and Damages Case Digest:
their gasoline station to their Expert Travel v. CA...
relatives. Jurisprudence: G.R. No. 130030
Extrajudicial foreclosure is clearly Torts and Damages Case Digest:
unfounded, this does not necessarily Francisco v. GSIS (...

mean, in the absence of specific facts Jurisprudence: G.R. No. L-18287

proving damages, that actual Torts and Damages Case Digest:
damage has been sustained. It must People v. Bagayong ...

depend on actual proof of the Jurisprudence: G.R. No. 126518

damages alleged to have been Torts and Damages Case Digest:

Enervida v. dela To...
suffered.
Jurisprudence: G.R. No. L-38037
Attorney's fees may be awarded
Torts and Damages Case Digest:
when a party is compelled to litigate
Raagas v. Traya (19...
or to incur expenses to protect his
Jurisprudence: G.R. No. L-20081
interest by reason of an unjustified
Torts and Damages Case Digest: Del
act of the other party
Rosario v. CA (...
act of not crediting private
Jurisprudence: G.R. No. 118325
respondents' deposit of P960,000.00,
Torts and Damages Case Digest:
as well as the premature filing of the Miranda-Ribaya v. C...
extrajudicial foreclosure, have Jurisprudence: G.R. No. L-49390
compelled private respondents to

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10/11/2019 Torts and Damages Case Digest: Producer's Bank v. CA (2001)

institute an action for injunction and Torts and Damages Case Digest:

damages primarily in order to protect Kierulf v. CA (1997...

their rights and interests Jurisprudence: G.R. No. 99301

Insurance Case Digest: Capital
Insurance & Surety ...
Labels: 2001, ART. 2208, Article 2232 of the Jurisprudence: G.R. No. L-22375
Civil Code, Case Digest, Factors in determining Insurance Case Digest: Philippine
amount, G.R. No. 111584, Juris Doctor, producers Phoenix Surety &...
bank v ca, September 17, torts and damages, torts Jurisprudence: G.R. No. L-25317
and damages case digest Jurisprudence: G.R. No. 183526
Insurance Case Digest: Pacific Timber
v. CA (1982)...
Jurisprudence: G.R. No. L-38613
Insurance Case Digest: Philippine
Pryce Assurance ...
Jurisprudence: G.R. No. 107062
Newer Post Home Older Post Insurance Notes Outline Part Three
(Double Insuran...

Labels Insurance Case Digest: American

Home Assurance Co....
04/19 (1) 1.2 (1) 11/20 (1) 121479 (1) 128604 (1) 1906 (1) 1909 (2) 1910 Jurisprudence: G.R. No. 130421
(13) 1911 (2) 1912 (1) 1914 (10) 1915 (6) 1917 (1) 1918 (9) 1920 (4) Torts and Damages Case Digest:
1921 (1) 1922 (8) 1923 (2) 1925 (4) 1926 (4) 1927 (3) 1929 (1) 1930 Professional Servic...
(4) 1931 (4) 1932 (2) 1933 (4) 1935 (4) 1935 constitution (1) 1936 (2) Jurisprudence: G.R. No. 126297
1937 (4) 1938 (1) 1940 (2) 1942 (5) 1943 (2) 1946 (2) 1948 (2) 1949 Torts and Damages Case Digest:
(4) 1950 (2) 1951 (9) 1952 (3) 1953 (3) 1954 (8) 1955 (6) 1956 (2) Joaquinita P. Capil...
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(2) 1970 (2) 1971 (2) 1972 (2) 1973 (5) 1974 (2) 1975 (10) 1976 (2) Marcelo Macalinao, ...
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1984 (7) 1985 (3) 1986 (8) 1987 (7) 1987 Constitution (4) 1988 Torts and Damages Case Digest:
(10) 1989 (18) 1990 (15) 1991 (12) 1992 (26) 1992.Nature of Engada v. CA (2003)...
Certificate of Stock (2) 1993 (23) 1994 (20) 1995 (15) 1996 (11) Jurisprudence: G.R. No. 140698
1997 (26) 1997 rules of civil procedure (1) 1998 (23) 1999 (42) Torts and Damages Case Digest:
2/10 (1) 2000 (25) 2001 (22) 2002 (22) 2003 (28) 2004 (7) Canlas v. CA (2000)...
2005 (16) 2006 (45) 2007 (27) 2008 (35) 2009 (13) 2010 Jurisprudence: G.R. No. 112160
(16) 2011 (10) 2012 (4) 2012 bar exam results (1) 2013 (1) 2014 (3) Torts and Damages Notes Outline 4
2014 bar exam passers (1) 2014 bar exam results (1) 2015 (2) 2016 bar (part 4 Moral Da...
passers (1) 2016 bar results (1) 2016 bar top notchers (1) 2016 successful Torts and Damages Notes Outline 2
bar candidates (1) 212 U.S. 449 (2) 246 Corporation v. Daway (2) 283 U.S. (part 2 Defenses...
102 (2) 295 U.S. 247 (2) 309 U.S. 78 (2) 4-year grace period (2) 997 (1) Torts and Damages Notes Outline 3
A.M. No. 190 (2) A.M. No. MTJ-92-716 (2) A.M. No. RTJ-02-1673 (2) A.M. (part 3 damages)...
No. RTJ-07-2062 (1) A.M. RTJ-07-2062 (1) abandoned (1) Aboitiz Torts and Damages Case Digest:
Shipping Corp v Insurance Co of North America (1) ABSCBN v. CA (1) Cerrano v. Tan (191...

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