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    Simex V CA

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    Emilio Pahina
    Simex International deposited P100,000 into its bank account with Traders Royal Bank but several checks were dishonored for insufficient funds. Simex complained to the bank but the error was not rectified for over two weeks. Simex sued the bank for damages. The court found that the bank's negligence impaired Simex's reputation and awarded moral and exemplary damages. While corporations usually cannot claim moral damages, an exception is when negligence debases a corporation's good reputation and causes social humiliation, which occurred in this case.

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    Simex V CA

    Uploaded by

    Emilio Pahina
    71 views1 page
    Simex International deposited P100,000 into its bank account with Traders Royal Bank but several checks were dishonored for insufficient funds. Simex complained to the bank but the error was not rectified for over two weeks. Simex sued the bank for damages. The court found that the bank's negligence impaired Simex's reputation and awarded moral and exemplary damages. While corporations usually cannot claim moral damages, an exception is when negligence debases a corporation's good reputation and causes social humiliation, which occurred in this case.

    Original Description:

    Case Digest - Damages

    Original Title

    Simex v CA

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    Simex International deposited P100,000 into its bank account with Traders Royal Bank but several checks were dishonored for insufficient funds. Simex complained to the bank but the error was not rectified for over two weeks. Simex sued the bank for damages. The court found that the bank's negligence impaired Simex's reputation and awarded moral and exemplary damages. While corporations usually cannot claim moral damages, an exception is when negligence debases a corporation's good reputation and causes social humiliation, which occurred in this case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    71 views1 page

    Simex V CA

    Uploaded by

    Emilio Pahina
    Simex International deposited P100,000 into its bank account with Traders Royal Bank but several checks were dishonored for insufficient funds. Simex complained to the bank but the error was not rectified for over two weeks. Simex sued the bank for damages. The court found that the bank's negligence impaired Simex's reputation and awarded moral and exemplary damages. While corporations usually cannot claim moral damages, an exception is when negligence debases a corporation's good reputation and causes social humiliation, which occurred in this case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    SIMEX INTERNATIONAL v.

    CA
    FACTS:
    1. Simex International is a private corporation engaged in the exportation of food products.
    2. It was a depositor of Traders Royal Bank and maintained a checking account in its branch at Romulo Avenue,
    Cubao, Quezon City.
    3. On May 25, 1982, it deposited to its account the amount of P100,000 thus increasing its balance to
    P190,380.74.
    4. Simex International issued several checks against its deposit but was surprised to learn that they had been
    dishonored for insufficient funds
    5. As a consequence, the California Manufacturing Corporation sent a demand letter to Simex International,
    threatening prosecution if the dishonored check issued to it was not made good.
    6. Simex International complained to Traders Royal Bank on June 10, 1981 but was only rectified on June 17,
    1981.
    7. Simex International demanded reparation from the bank for its gross and wanton negligence. This demand
    was not made.
    8. It then filed a complaint in the CFI claiming moral damages in the sum of P1,000,000 and exemplary damages
    in the sum of P500,000 plus 25% attorney’s fees, and costs.
    9. CFI held that moral and exemplary damages were not called for and instead awarded nominal damages of
    P20,000.
    10. CA agreed that Simex International was not entitled to moral damages.

    ISSUE: WON Simex International is entitled for moral and exemplary damages.

    RULING: Yes.

    RATIO:
     The initial carelessness of Traders Royal Bank aggravated by the lack of promptitude in repairing its error,
    justifies the grant of moral damages. This lackadaisical attitude toward the complaining depositor constituted
    the gross negligence, if not wanton bad faith, that the CA said was not established by Simex International
     Moral damages are not awarded to penalize the defendant but to compensate the plaintiff for the injuries he
    may have suffered.
     As a rule, A corporation is not entitled to moral damages because, not being a natural person, it cannot
    experience physical suffering or such sentiments as wounded feelings, serious anxiety, mental anguish and
    moral shock
    o Exception: where the corporation has a good reputation that is debased, resulting in social
    humiliation.
     Simex International did suffer injury because of Traders Royal Bank’s negligence that caused the dishonor of
    the checks issued by it. Its prestige was impaired because of the bounding checks and confidence in it as a
    reliable debtor was diminished.
     As for exemplary damages: 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.
     In the case at bar, it is obvious that the Traders Royal Bank was remiss in that duty and violated that
    relationship. What is especially deplorable is that, having been informed of its error in not crediting the deposit
    in question to Simex International, Traders Royal Bank did not immediately correct it but did so only one week
    later or twenty-three days after the deposit was made. It bears repeating that the record does not contain any
    satisfactory explanation of why the error was made in the first place and why it was not corrected immediately
    after its discovery. Such ineptness comes under the concept of the wanton manner contemplated in the Civil
    Code that calls for the imposition of exemplary damages.

    DISPOSITION: ACCORDINGLY, the appealed judgment is hereby MODIFIED and the private respondent is ordered
    to pay the petitioner, in lieu of nominal damages, moral damages in the amount of P20,000.00, and exemplary damages
    in the amount of P50,000.00 plus the original award of attorney's fees in the amount of P5,000.00, and costs.

    DOCTRINE: As a rule, A corporation is not entitled to moral damages because, not being a natural person, it cannot
    experience physical suffering or such sentiments as wounded feelings, serious anxiety, mental anguish and moral
    shock

    Exception: where the corporation has a good reputation that is debased, resulting in social humiliation.

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