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R & B Surety & Insurance Co., Inc. Vs. Intermediate Appellate Court, et al.

R & B SURETY & INSURANCE CO., INC., petitioner, vs. THE INTERMEDIATE APPELLATE COURT and ANGELINA USON, respondents.

G.R. No. L-64515 | 1984-06-22

D E C I S I O N


GUTIERREZ, JR., J.:

This is a petition for review on certiorari, seeking to set aside the decision of the Intermediate Appellate Court which awarded the private respondent moral and exemplary damages plus attorney's fees, after finding that the petitioner acted in bad faith in filing an action against said respondent.

The facts are stated in the decision of the appellate court:

xxx xxx xxx

". . . On January 3, 1969, defendant Maria Isabel Diaz was granted a loan of P20,000.00 by the Philippine National Bank. To secure the repayment of the loan, Maria Isabel Diaz submitted a surety bond (Exh. B) of plaintiff R & B...