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Albenson Ent. delivered mild steel plates to Guaranteed 1. there is a legal right or duty
Industries Inc. A Pacifi c BankingCorporation Check was
paid and drawn against the account of EL Woodworks. 2.exe rcised i n bad faith
Check was later dishonored for the reason Account Closed. 3.for the sole intent of prejudicing or injuring another
Company traced source of check and later
discovered that the signature belonged to one Elements under Article 21: contra bonus mores:1 . t h e r e i s a n
E u g e n i o B a l t a o . A l b e n s o n m a d e a n extrajudical a c t w h i c h i s l e g a l 2.but which is contrary to morals, good
demand upon Baltao but the latter denied that he issued custom, public order or public policy 3 . i t i s d o n e
the check or that the signature was his. Company fi led a with inte nt to injure .
complaint against Baltao for violation of BP 22. It was
A person who has not been paid an obligation owed
later discovered that private respondent had
t o h i m w i l l n a t u r a l l y s e e k w a y s t o compel the debtor to
son: Eugene Baltao III, who manages the business
pay him. It was normal for petitioners to find means to make the
establishment, EL Woodworks. No effort from the father to inform
issuer of the check pay the amount thereof. In the absence
Albenson of such information. Rather the father filed complaint
of a wrongful act or omission or of fraud or bad faith,
for damages against Albenson.
moral damages cannot be awarded and that the adverse
ISSUE: result of an action does not per se make the action
wrongful and subject the actor to the payment of damages,
Whether there is indeed cause for the damages against Albenson Enterprise. for the law could not have meant to impose a penalty on the right
RULING: to litigate.
Based on Art 19, 20, 21 of the civil code, petitioners didnt have the WHEREFORE, the petition is GRANTED and the decision of the Court
intent to cause damage to the respondent or enrich themselves but of Appeals in C.A. G.R.C.V. No. 14948 dated May 13, 1989, is
just to collect what was due to them. There was no abuse of right hereby REVERSED and SET ASIDE. Costs against respondent
on the part of Albenson on accusing Baltao of BP 22. Albenson Baltao.
Corp. honestly believed that it was private respondent who issued Albenson Enterprises vs. CA
check based on ff inquiries:
Facts:
SEC records showed that president to Guaranteed was Eugene
Baltao - In September, October, and November 1980, petitioner Albenson
Enterprises Corporation delivered to Guaranteed Industries, Inc.
Bank said signature belonged to Eugenio S. Baltao Eugenio S. mild steel plates. As part payment thereof,
Baltao
Albenson was given Pacific Banking Corporation Check in the
Eugenio S. Baltao did not do his part in clarifying that there were in amount of P2,575.00 drawn against the account of E.L.
fact 3 Eugenio S. Baltao, Jr., Sr. and the III. Woodworks.
There was no malicious prosecution on the part of Albenson: there - The check was later dishonored for the reason "Account Closed.".
must be proof that: The petitioner discovered that the dishonored check originated
the prose cu tion was pro mpte d by a siniste r from "Eugenio S. Baltao ,the president of Guaranteed and the
d e s i g n t o v e x a n d h u m i l i a t e a person and that damages recipient of the unpaid mild steel plates. It was also revealed that
was initiated deliberately by defendant knowing that his charges that E.L. Woodworks was registered in the name of one "Eugenio
were false and groundless
Baltao" and that signature appearing on the subject check
belonged to one "Eugenio Baltao."