Beruflich Dokumente
Kultur Dokumente
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* SECOND DIVISION.
552
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fraudulently or in bad faith, and the court should find that under
the circumstances, such damages are due. The findings of the trial
court are ample in establishing the bad faith and unjustified
neglect of respondent, attributable in particular to the “dilly-
dallying” of respondent’s Manila credit authorizer, Edgardo
Jaurique.
Same; Same; Same; Same; Moral damages do not avail to soothe
the plaints of the simply impatient, so this decision should not be
cause for relief for those who time the length of their credit card
transactions with a stopwatch.—It should be emphasized that the
reason why petitioner is entitled to damages is not simply because
respondent incurred delay, but because the delay, for which
culpability lies under Article 1170, led to the particular injuries
under Article 2217 of the Civil Code for which moral damages are
remunerative. Moral damages do not avail to soothe the plaints of
the simply impatient, so this decision should not be cause for
relief for those who time the length of their credit card
transactions with a stopwatch. The somewhat unusual attending
circumstances to the purchase at Coster—that there was a
deadline for the completion of that purchase by petitioner before
any delay would redound to the injury of his several traveling
companions—gave rise to the moral shock,
554
TINGA, J.:
The petitioner, lawyer Polo Pantaleon, his wife
Julialinda, daughter Anna Regina and son Adrian Roberto,
joined an escorted tour of Western Europe organized by
Trafalgar Tours of Europe, Ltd., in October of 1991. The
tour group arrived in Amsterdam in the afternoon of 25
October 1991, the second to the last day of the tour. As the
group had arrived late in the city, they failed to engage in
any sight-seeing. Instead, it was agreed upon that they
would start early the next day to see the entire city before
ending the tour.
The following day, the last day of the tour, the group
arrived at the Coster Diamond House in Amsterdam
around 10 minutes before 9:00 a.m. The group had agreed
that the visit to Coster should end by 9:30 a.m. to allow
enough time to take in a guided city tour of Amsterdam.
The group was ushered into Coster shortly before 9:00 a.m.,
and listened to a lecture on the art of diamond polishing
that lasted for around ten minutes.1 Afterwards, the group
was led to the store’s showroom to allow them to select
items for purchase. Mrs. Pantaleon had already planned to
purchase even before the tour
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1 Id., at p. 747.
555
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556
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557
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8 Id., at p. 331.
9 Id., at pp. 332-333.
10 Id., at p. 332.
11 Docketed as Civil Case No. 92-1665. Id., at pp. 335-340.
12 Id., at p. 339.
13 Penned by Judge Francisco Donato Villanueva; id., at pp. 92-110.
14 Id., at pp. 348-351.
15 Id., at pp. 360-362.
16 Decision penned by Court of Appeals Associate Justice E.J.
Asuncion, concurred by Associate Justices J. Mendoza and A. Tayag.
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17 Rollo, p. 80.
559
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18 See, e.g., Selegna Management v. UCPB, G.R. No. 165662, 3 May
2006, 489 SCRA 125.
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“As to the first issue, both parties have testified that normal
approval time for purchases was a matter of seconds.
Plaintiff testified that his personal experience with the use of the
card was that except for the three charge purchases subject of
561
562
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23 Id., at p. 101.
564
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