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March 19, 1990 SIMEX INTERNATIONAL (MANILA),
INCORPORATED, petitioner, vs. THE HONORABLE COURT OF
APPEALS and TRADERS ROYAL BANK, respondents.
CRUZ, J.
SUMMARY: Traders bank was negligent in failing to credit Simex
depoit to its account of P100,000. As a result, several checks
issued by Simex were dishonored. Its credit line was canceled and
its order were not acted upon. It filed a complaint for damages
since its demand for reparation from the bank went unheeded.
While the lower courts found that the bank was guilty of
negligence, it did not award moral and exemplary damages. The
SC held that Simex is entitled to P20K moral damages and P50K
exemplary damages. The bank was remiss in its duty and violated
its fiduciary relationship with its depositor. It failed to correct its
mistake immediately and took almost a month to do so. There was
even no satisfactory reason given to justify the mistakes.
DOCTRINE: As a business affected with public interest and
because of the nature of its functions, the bank is under obligation
to treat the accounts of its depositors with meticulous care, always
having in mind the fiduciary nature of their relationship.
Simex International (Manila), Inc. is a private corporation YES to both. In what amounts? P20K moral, P50K exemplary
engaged in the exportation of food products.
RATIO:
o It buys these products from various local
The fact is that the Simex credit line was canceled and
Malabon Long Life Trading, on June 15, 1981,
its orders were not acted upon pending receipt of actual
and by the G. and U. Enterprises, on June 10,
payment by the suppliers. Its business declined. Its
1981. Malabon also canceled Simex credit line
reputation was tarnished. Its standing was reduced in the
and demanded that future payments be made
business community. All this was due to the fault of the
by it in cash or certified check.
bank which was undeniably remiss in its duty to the
EXEMPLARY DAMAGES
Art. 2229. Exemplary or corrective damages are
imposed, by way of example or correction for the public
good, in addition to the moral, temperate, liquidated or
compensatory damages.