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Equitable Banking Corp. Vs. Intermediate Appellate Court, et al.

EQUITABLE BANKING CORPORATION, petitioner, vs. INTERMEDIATE APPELLATE COURT, ZENIA VILLARIZA, ARMANDO VILLARIZA and FERNANDO N. CONTRERAS, respondents.

G.R. No. L-66070 | 1984-10-31

D E C I S I O N


AQUINO, J.:

This case is about the recovery of moral and exemplary damages allegedly because of a collection suit for P250 which was paid one day after the suit was filed.

The theory of lawyer Fernando N. Contreras is that it was a malicious prosecution against him. On the other hand, the bank's theory is that the claim of P80,000 for moral
damages is bereft of rhyme or reason (Exh. 3).

The Villariza spouses, with Contreras as co-maker, borrowed from the Davao City branch of the Equitable Banking Corporation P1,000. The amount was due in ninety days or on December 7, 1976. Only P250 was paid on that date. Another P250...