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Aznar vs.

March 28, 2007 | Austria-Martinez, J. | Electronic Evidence
PETITIONER: Emmanuel B. Aznar
RESPONDENT: Citibank, N.A.
SUMMARY: Aznar sued Citibank because his credit card was dishonored when he used it during his Asia Tour with his wife and
grandchildren. He claimed that Citibank acted in bad faith. As proof, he presented a print-out of the travel agency in Indonesia saying that
his card was declared over the limit. Citibank presented a list showing that during the time of Aznars trip, his card was not blacklisted.
SC considered the latter document to have more weight because it was duly authenticated by Citibank. Also, there was no proof of bad
faith on the part of Citibank.
FACTS: 1. Aznar is a business in Cebu. He is a holder of a
Preferred Master Credit Card issued by citibank with a credit
limit of P150,000. He and his wife, Zoraida, planned to take their
2 grandchildren on an Asian tour, so Aznar made a total advance
deposit of P485,000 with Citibank with the intention of
increasing his credit limit to P635,000.
2. With the use of his Mastercard, Aznar purchased plane tickets
to Kualas Lumpur worth P237,000. On July 17, 1994, he, his
wife, and his grandchildren left for the said destination.
3. Aznar claims that when he presented his Mastercard in some
establishments in Malaysia, Singapore, and Indonesia, the same
was not honored. He tried to use the same against in Ingtan Tour
and Travel Agency in Indonesia to purchase plane tickets to Bali,
but it was dishonored because his card was blacklisted by
Citibank. He was forced to buy the tickets in cash. He also claims
to have been humiliated when Ingtan Agency spoke of swindlers
trying to use blacklisted cards. He and his family returned to the
Philippines on August 10.
4. Aznar filed a complaint for damages against Citibank for
fraudulently or with gross negligence blacklisted his Mastercard.
He claimed to have suffered mental anguish, serious anxiety,
wounded feelings, besmirched reputation, and social humiliation.
To prove that Citibank blacklisted his Mastercard, he presented a
REPORT issued to him by Ingtan Agency, showing that his card
in question was DECL OVERLIMIT or declared over the limit.
5. Citibank denied the allegation that it blacklisted Aznars card.
To prove that they did not blacklist Aznars card, Citibanks
Credit Card Department Head, Dennis Flores, presented Warning
Cancellation Bulletins which contained the list of its canceled
cards covering the period of Aznars trip.
6. RTC held that as between the computer print out and the
warning cancellation bulletins, the latter had more weight as their
due execution and authenticity were duly established by Citibank.
RTC also found that Citibank did not act in bad faith. Aznar filed
an MR, the case was re-raffled to another judge, and was decided
in his favor. On appeal, CA ruled in favor of Citibank.
ISSUE/S: W/N the print out offered by Aznar as evidence should
be given weight NO.

HELD: Petition DENIED for lack of merit.

RATIO: 1. As correctly pointed out by RTC and CA, such
exhibit cannot be considered admissible as its authenticity and
due execution were not sufficiently established by Aznar.
2. The prevailing rule at the time of the promulgation of the RTC
Decision is Section 20 of Rule 132 of the Rules of Court. It
provides that whenever any private document offered as authentic
is received in evidence, its due execution and authenticity must
be proved either by (a) anyone who saw the document executed
or written; or (b) by evidence of the genuineness of the signature
or handwriting of the maker.
3. Aznar, who testified on the authenticity of Exh. "G," did not
actually see the document executed or written, neither was he
able to provide evidence on the genuineness of the signature or
handwriting of Nubi, who handed to him said computer print-out.
4. Even as examined under the Rules on Electronic Evidence, the
authentication is wanting. According to Section 2 of said Rules, a
private electronic document can be authenticated by:
a. Evidence that it had been digitally signed by the person
purported to have signed the same;
b. Evidence that other appropriate security procedures or
deices as may be authorized were applied to the document; or
c. Evidence showing its integrity or reliability to the
satisfaction of the judge.
5. Aznars testimony that the person from Ingtan Agency merely
handed him the computer print-out and that he thereafter asked
said person to sign the same cannot be considered as sufficient to
show said print-outs integrity and reliability. As correctly
pointed out by Judge Marcos in his May 29, 1998 Decision, Exh.
"G" (the print-out) does not show on its face that it was issued by
Ingtan Agency as Aznar merely mentioned in passing how he
was able to secure the print-out from the agency; Aznar also
failed to show the specific business address of the source of the
computer print-out because while the name of Ingtan Agency was
mentioned by Aznar, its business address was not reflected in the
6. That the card was declared to be over the limit does not prove