This case has been cited 6 times or more.
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2009-12-04 |
CARPIO MORALES, J. |
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| x x x The law allows the grant of exemplary damages to set an example for the public good. The business of a bank is affected with public interest; thus it makes a sworn profession of diligence and meticulousness in giving irreproachable service. For this reason, the bank should guard against in injury attributable to negligence or bad faith on its part. The award of exemplary damages is proper as a warning to [the petitioner] and all concerned not to recklessly disregard their obligation to exercise the highest and strictest diligence in serving their depositors.[43] (Italics and underscoring supplied) | |||||
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2008-09-08 |
TINGA, J, |
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| interest or an interest in issue and to be affected by the decree, as distinguished from mere interest in the question involved or a mere incidental interest."[21] To qualify a person to be a real party-in-interest in whose name an action must be prosecuted, he must appear to be the present real owner of the right sought to be enforced.[22] | |||||
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2008-07-04 |
AUSTRIA-MARTINEZ, J. |
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| Plaintiffs further pray for such other reliefs and remedies as the Honorable Court may deem just and equitable in the premises.[53] (Emphasis supplied). While the complaint does not categorically state reconveyance as the specific relief desired, it does contain a general prayer "for such other reliefs and remedies as the Honorable Court may deem just and equitable in the premises." In BPI Family Bank v. Buenaventura,[54] this Court ruled that the general prayer is broad enough "to justify extension of a remedy different from or together with the specific remedy sought."[55] Even without the prayer for a specific remedy, proper relief may be granted by the court if the facts alleged in the complaint and the evidence introduced so warrant.[56] The court shall grant relief warranted by the allegations and the proof even if no such relief is prayed for.[57] The prayer in the complaint for other reliefs equitable and just in the premises justifies the grant of a relief not otherwise specifically prayed for. | |||||
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2007-11-23 |
NACHURA, J. |
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| In a related case, Edgardo Buenaventura, Myrna Lizardo and Yolanda Tica (Buenaventura, et al.),[19] recipients of a P500,000.00 check proceeding from the P80,000,000.00 mistakenly credited to Tevesteco, likewise filed suit. Buenaventura et al., as in the case of Franco, were also prevented from effecting withdrawals[20] from their current account with BPI-FB, Bonifacio Market, Edsa, Caloocan City Branch. Likewise, when the case was elevated to this Court docketed as BPI Family Bank v. Buenaventura,[21] we ruled that BPI-FB had no right to freeze Buenaventura, et al.'s accounts and adjudged BPI-FB liable therefor, in addition to damages. | |||||
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2007-10-02 |
CHICO-NAZARIO, J. |
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| In a cantena of cases,[45] this Court ruled that the general prayer is broad enough "to justify extension of a remedy different from or together with the specific remedy sought." Even without the prayer for a specific remedy, proper relief may be granted by the court if the facts alleged in the complaint and the evidence introduced so warrant.[46] The prayer in the complaint for other reliefs equitable and just in the premises justifies the grant of a relief not otherwise specifically prayed for. | |||||
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2007-08-14 |
NACHURA, J. |
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| Under the Rules of Civil Procedure, every action must be prosecuted or defended in the name of the real party-in-interest, the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit.[25] "Interest" within the meaning of the rule means material interest, an interest in issue and to be affected by the decree, as distinguished from mere interest in the question involved, or a mere incidental interest.[26] | |||||